Johnny C. Taylor Jr. answers workplace questions every week on USA TODAY. Taylor is president and CEO. SHRMthe world’s largest trade association for human resources professionals, and author of Reset: A Leader’s Guide to Work in an Age of Upheaval.
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Question: Why is it legal for someone less qualified than me to get a job just because he’s Hispanic? We abolished affirmative action, right? Why is DEI legal? – Mike
answer: There’s a lot to unpack here, so let’s get straight to the point. No, an employer cannot legally hire someone who is less qualified because they are Hispanic. Or because they’re white. Or black. Or anything else. It’s nothing new. Since 1964, Title VII of the Civil Rights Act has made discrimination based on race completely illegal. And that protection applies to everyone.
So why the confusion? First, the Trump administration’s recent executive orders have been misconstrued as outlawing diversity, equity, and inclusion (DEI). they didn’t. They eliminated illegal DEI practices and targeted only federal contractors and subcontractors. The keyword here is illegal. These executive orders did not invent new rules, but reinforced what had been true for 60 years.
Let’s clear up another common misconception. Yes, a recent executive order prohibits affirmative action for federal contractors and subcontractors. But even before that, affirmative action already had long legal implications. Back in 1978, the Supreme Court abolished racial quotas. The high court has further narrowed these rules over the years, completely eliminating race-based affirmative action in higher education in 2023. In other words, affirmative action never We allowed organizations to ignore Title VII. It was never a license to discriminate.
So let’s get back to your situation. If a company hired someone who was truly unqualified because of their race, it would be illegal. However, before you hire a lawyer, make sure you take a step back and look at the situation clearly. This is because being “qualified” in hiring is not as simple as determining who checks the most boxes on a piece of paper.
I’ve hired a lot of people over the years. And I’ve seen many candidates with impressive resumes fall flat the moment the interview process begins. why? Because employers value more than technical skills. They look at attitude, communication, curiosity, cultural fit, emotional intelligence, or what I call power skills. You can teach someone software. Honesty cannot be taught. I can’t teach you how to drive. You can’t tell them how to treat people. And sometimes the candidates Apparently Someone who is stronger on paper is not actually a stronger candidate.
So my advice is to honestly look at the whole picture before assuming it’s discrimination. Have you clearly demonstrated your presence as well as your abilities? Do I need preparation as well as experience? Did your interview demonstrate the strong skills that separate good candidates from great candidates?
If you truly believe that race was a determining factor and are looking at the situation harshly and fairly, then yes, consult a lawyer. Title VII exists to protect you.
But if you honestly look back and see what you’re lacking, it’s time to focus on personal growth: how you show up, how you communicate your value, and how you make your excellence undeniable.
After all, it is the law’s job to prohibit discrimination. Your job is to stand out with your ability. And that’s what gets you hired, not race or assumptions.
The views and opinions expressed in this column are those of the author and do not necessarily reflect those of USA TODAY.
