Johnny C. Taylor Jr. tackles your workplace questions each week for USA TODAY. Taylor is president and CEO of SHRM, the world's largest trade association of human resources professionals, and author of “Reset: A Leader’s Guide to Work in an Age of Upheaval.”

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Question: Why is it legal for someone less qualified than me to get a job simply because he’s Hispanic? We got rid of affirmative action, didn’t we? Why is DEI legal? – Mike

Answer: There’s a lot to unpack here, so let me get straight to the point. No ‒ an employer cannot legally hire someone less qualified because they’re Hispanic. Or because they’re White. Or Black. Or anything else. And that’s not new. Since 1964, Title VII of the Civil Rights Act has made discrimination based on race illegal ‒ full stop. And that protection applies to everyone.

So why all the confusion? To start, the recent Trump administration executive orders have been misinterpreted as making diversity, equity and inclusion, or DEI, illegal. They didn’t. They eliminated illegal DEI practices, and only for federal contractors and subcontractors. The keyword here is illegal. These executive orders didn’t invent new rules ‒they reinforced what’s been true for 60 years.

Now let’s clear up another common misconception. Yes, the recent executive orders prohibit affirmative action for federal contractors and subcontractors. But even before that, affirmative action was already on a long legal leash. As far back as 1978, the Supreme Court struck down racial quotas. Over the years, the high court narrowed those rules further and, in 2023, struck down race-based affirmative action in higher education altogether. In other words, affirmative action has never allowed organizations to ignore Title VII. It was never a permission slip to discriminate.

So, back to your situation. If a company truly hired a less-qualified person because of race, that would be illegal. But before you hire a lawyer, take a step back and make sure you’re looking at the situation clearly. Because in hiring, “qualified” is rarely as simple as who checks the most boxes on paper.

I’ve hired a lot of people over the years. And I’ve seen plenty of candidates with impressive résumés fall flat the moment the interview starts. Why? Because employers evaluate far more than technical skills. They look at attitude, communication, curiosity, cultural fit, and emotional intelligence ‒ what I call power skills. You can teach someone the software. You can’t teach integrity. You can’t teach drive. You can’t teach how they treat people. And sometimes the candidate who seems stronger on paper just isn’t the stronger candidate in person.

So here’s my advice: Before assuming discrimination, take an honest look at the full picture. Did you clearly demonstrate not just competence, but presence? Not just experience, but readiness? Did your interview show the power skills that separate good candidates from great ones?

If you truly believe race was the deciding factor ‒ and you’ve taken a hard, fair look at the situation ‒ then yes, talk to an attorney. Title VII exists to protect you.

But if an honest reflection finds you lacking, it’s time to focus on your personal growth: how you show up, how you communicate your value, and how you make your excellence undeniable.

At the end of the day, it’s the law’s job to prohibit discrimination. Your job is to stand out on merit. And that ‒ not race, not speculation ‒ is what gets you hired.

The views and opinions expressed in this column are the author's and do not necessarily reflect those of USA TODAY.

This article originally appeared on USA TODAY: Is it illegal to hire someone based on race?

Reporting by Johnny C. Taylor Jr., Special to USA TODAY / USA TODAY

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