Preferential treatment, which rewards individuals for meeting certain criteria, is not illegal, unlike discrimination. Affirmative action programs can also lead to preferential treatment. Employers and landlords are generally free to hire or accept any candidates they deem most suitable.
In many cases, laws exist that discourage employers, landlords, and agencies from outright disqualifying applicants based on race, age, ethnicity, and other criteria. A landlord can’t reject a black applicant’s application for an apartment based on his race, for example, nor can an employer deny a 55-year-old applicant an interview based on his age. It would be considered illegal discriminatory behavior. However, there are no such laws against a practice known as preferential treatment, whereby a person receives a benefit because they meet the criteria.
Preferential treatment is sometimes seen as reverse discrimination, in that it rewards someone for being in the “correct” race, gender, economic status, religious affiliation, or other category. An employer may not be permitted by law to discriminate against any candidate protected by law, but may still show a preference towards candidates who meet certain unspoken standards. An employer may typically prefer to work with men rather than women, or he may hire a candidate based on her physical attractiveness.
Since such treatment often does not reach the level of discrimination, it can be very difficult to prove or overcome. In many cases it is not illegal to promote certain employees based on personal preferences alone. If a white employee is promoted over a minority employee based on a perceived work ethic or seniority, for example, it could be interpreted as preferential treatment but not legal discrimination based on race. This type of treatment can also be translated as a positive form of discrimination, where a person actually receives better treatment based on their gender, race or age.
Some sources use the controversial practice called affirmative action. Originally designed to counter discriminatory hiring practices, affirmative action programs can effectively coerce employers into hiring or promoting employees based solely on race. In order to achieve the right ratio of Caucasian to minority employees, some companies may need to show a preference for minority candidates. Lawsuits involving allegations of aging or gender bias may also result in preferential treatment of candidates who meet these criteria.
Preferential treatment is not strictly illegal in most circumstances, although unsuccessful applicants or prospective tenants may believe otherwise. Discrimination laws have helped level the playing field when it comes to fair consideration of an applicant’s qualifications, but the people who make the final decisions aren’t always obligated to base their actions on completely objective criteria. As long as treatment does not extend to outright discrimination, employers and landlords are generally free to hire or accept any candidates they deem most suitable.
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