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Achieving Ethics and Fairness in Hiring: Going Beyond the Law

Author

Listed:
  • G. Alder
  • Joseph Gilbert

Abstract

Since the passage of Title VII of the Civil Rights Act of 1964 and more recent Federal legislation, managers, regulators, and attorneys have been busy in sorting out the legal meaning of fairness in employment. While ethical managers must follow the law in their hiring practices, they cannot be satisfied with legal compliance. In this article, we first briefly summarize what the law requires in terms of fair hiring practices. We subsequently rely on multiple perspectives to explore the ethical meaning of fairness in hiring. Ethical fairness underlies the law and regulations in this area, but goes beyond them as well. We conclude by demonstrating that ethical hiring practices enable managers to make better hiring decisions. Copyright Springer Science+Business Media, Inc. 2006

Suggested Citation

  • G. Alder & Joseph Gilbert, 2006. "Achieving Ethics and Fairness in Hiring: Going Beyond the Law," Journal of Business Ethics, Springer, vol. 68(4), pages 449-464, November.
  • Handle: RePEc:kap:jbuset:v:68:y:2006:i:4:p:449-464
    DOI: 10.1007/s10551-006-9039-z
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    Citations

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    Cited by:

    1. Andrea C Vial & Janine Bosak & Patrick C Flood & John F Dovidio, 2021. "Individual variation in role construal predicts responses to third-party biases in hiring contexts," PLOS ONE, Public Library of Science, vol. 16(2), pages 1-28, February.
    2. Sertan Kabadayi & Linda Alkire (née Nasr) & Garrett M. Broad & Reut Livne-Tarandach & David Wasieleski & Ann Marie Puente, 2019. "Humanistic Management of Social Innovation in Service (SIS): an Interdisciplinary Framework," Humanistic Management Journal, Springer, vol. 4(2), pages 159-185, December.
    3. Anna Lena Hunkenschroer & Christoph Luetge, 2022. "Ethics of AI-Enabled Recruiting and Selection: A Review and Research Agenda," Journal of Business Ethics, Springer, vol. 178(4), pages 977-1007, July.
    4. Maude Lavanchy & Patrick Reichert & Jayanth Narayanan & Krishna Savani, 2023. "Applicants’ Fairness Perceptions of Algorithm-Driven Hiring Procedures," Journal of Business Ethics, Springer, vol. 188(1), pages 125-150, November.
    5. Mehdi Nekhili & Hayette Gatfaoui, 2013. "Are Demographic Attributes and Firm Characteristics Drivers of Gender Diversity? Investigating Women’s Positions on French Boards of Directors," Journal of Business Ethics, Springer, vol. 118(2), pages 227-249, December.
    6. Geert Demuijnck, 2009. "Non-Discrimination in Human Resources Management as a Moral Obligation," Journal of Business Ethics, Springer, vol. 88(1), pages 83-101, August.
    7. Serge P. da Motta Veiga & Maria Figueroa-Armijos & Brent B. Clark, 2023. "Seeming Ethical Makes You Attractive: Unraveling How Ethical Perceptions of AI in Hiring Impacts Organizational Innovativeness and Attractiveness," Journal of Business Ethics, Springer, vol. 186(1), pages 199-216, August.
    8. Jeffrey J. Bailey, Ph.D., 2013. "Judging Managerial Actions as Ethical or Unethical: Decision Bias and Domain Relevant Experience," International Journal of Business and Social Research, LAR Center Press, vol. 3(3), pages 1-17, March.
    9. Lizabeth Barclay & Karen Markel, 2009. "Ethical Fairness and Human Rights: The Treatment of Employees with Psychiatric Disabilities," Journal of Business Ethics, Springer, vol. 85(3), pages 333-345, March.

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