QUERY: This week, a question for you.

XYZ Company has a vacant Vice President position. Bill, who is African-American, is the ideal person for the job—he has the right education and experience, and he is smart, respected, creative, and a "team player." Despite Bill’s obvious superior qualifications, the president of the company offers the position to his no-good nephew, Beavis, who graduated from the local technical college and has no relevant work experience. Since Beavis is white and not nearly as qualified as Bill, does Bill have a valid race discrimination claim against XYZ Company?

ANSWER:

Unfair as it is, the answer is probably not. Although normally offering a position to a less-qualified white employee would form a strong basis for a discrimination claim, the courts say that employment decisions based on "favoritism" or nepotism, as opposed to race or other legally protected factors, do not violate the anti-discrimination laws. Thus, to prevail in a lawsuit against XYZ Company, Bill would have to present evidence that the president was motivated by race rather than the fact that Beavis was his nephew.

Of course, the "legal" answer and the "fair" answer are two different things. Employers who make decisions based on favoritism risk poor morale, which can lead to nuisance EEOC charges and lawsuits, and even union campaigns. Putting Beavis in charge is probably none too good for XYZ Company’s business objectives, either!