Concern there may be a lawsuit filed is reason enough to use race or gender as a
determinant of hiring, even if there is a detrimental impact on another group.
Employers can fire or reassign an employee who files EEO charges or parties who
testify on behalf of plaintiffs in cases of disparate treatment with no need to consider
the legal implications of those actions.
The same process that is used to identify data for a job description can be used to
determine what should be taught in training programs for new hires.
As a component of its management training program, a restaurant used a case study of a
manufacturing firm; this is a critical strategy to ensure trainees are able to transfer the
learning back to the job.