You already know that there’s legal danger in mandating the hiring of minorities – especially since the Supreme Court’s Ricci reverse discrimination case last year.

So how can you structure a diversity effort that both works and passes legal muster?

Employment lawyers at Littler Mendelson suggest broadening the applicant pool so minority candidates get an equal chance with others. Four ways to do this:

  • Include minority newspapers and journals in your job ad mix.
  • Use online job boards operated by trade organizations for women and minorities.
  • Send recruiters to selected church and community events.
  • If you use a recruiting or search firm, quiz its reps about their familiarity with diversity initiatives. Also ask about their pool of diverse candidates and their success in placing such people in your industry.


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