"Eliyahu Rooff" <lrooff@hotmail.com> wrote in message
news:<vuj1l01i6ko4gauvj06cpafl80dbeli9aj@4ax.com>... "cbreitel" <charlesbreitel@yahoo.com> wrote in message news:aeuuk012vnq2c71s4m6q01c4u4p2v7nelg@4ax.com... Do you suppose it should be illegal to refuse to hire unqualified people? Is it possible to discriminate against unqualified people? Seems to me that those are really what you're asking. If I'm an employer, are you suggesting that I should lose my right to refuse to hire anyone who I perceive does not enjoy working as part of a team? If someone establishes criteria for accepting or rejecting applicants based upon their membership in an identified class of any sort, the employer had better be able to show a nexis of some sort between membership in that class and a boni fide qualification for the job. The question in the post wasn't about hiring unqualified people; rather, it was about establishing arbitrary groupings based upon possibly objective findings that may or may not have any relationship to one's qualification for a job.

Bearing in mind that this is a LEGAL forum: why? You say the employer
"had better be able to show a nexis of some sort." According to who,
and what standards? Your personal standards, which are not law?

I appreciate the moral and ethical argument you are making, but it is
largely irrelevant in light of the legal principles at stake.
Employers are private entities, and in the United States, private
entities are given the freedom to contract or not contract with
whomever they wish, subject to very specific conditions you will find
in Title VII and elsewhere.