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Does affirmative action mean hiring a less-qualified individual just because that person may belong to a group that is under-represented?

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Does affirmative action mean hiring a less-qualified individual just because that person may belong to a group that is under-represented?

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No. The goal is always to hire the most qualified individual. Gender and race may only be considered when the following conditions exist: 1) the position is one in which an under-representation has been formally identified and a tie exists between two equally qualified individuals and one candidate is a member of the identified under-represented group or 2) where one of the protected characteristics can be shown to be a bona fide job requirement. The use of race or gender, or any other protected status in any other circumstance is illegal.

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