This would be unlawful. Under Title VII of the Civil Rights Act, a hiring decision cannot be based, in whole or in part, on a candidate’s race or gender.
In addition, under Executive Order 11246, a college or company must take steps to ensure its hiring practices are fair, equitable, and free from discrimination. It must also take steps to get the word out about available positions and target outreach efforts to ensure the applicant pool is as diverse and qualified as possible.
In the end, the most qualified person is hired.
White Workers Will Lose Jobs if Affirmative Action Continues
Government statistics do not support this myth. According to the U.S. Commerce Department, there are 2.6 million unemployed Black civilians and 114 million employed white civilians (U.S. Bureau of the Census, 2011).
Therefore, even if every unemployed Black worker in the United States were to displace a white worker, only 2 percent of whites would be affected.
In addition, affirmative action applies only to job-qualified applicants, so the actual percentage of affected whites would be reduced even further. The main sources of job loss among white workers are caused by factory relocation, labor contracting outside the United States, computerization and automation and corporate downsizing.