Good Question. Shooting from the hip, I don't think failure to
advertise, standing alone, would make a case for discrimination. It
might be some evidence of discrimination and, if you don't have an
appropriate racial mix and hired almost exclusively relatives of
employees, you would have a problem. Gender, religious, etc.
discrimination would be less sensitive to this sort of thing. We
might even have cases involving employers who have a lot of drop-in
and unsolicited applications, and would have no need to advertise. I
really think, in most cases, it would be just another factor to
consider in a particular case. Overall, I don't think it is
discriminatory unless you are operating under a mandatory
affirmative action order. It would be a bigger factor there. Bottom
line is that if you have some reason to show that you don't
advertise because you don't need to, it shouldn't be a problem.

DISCLAIMER: Remember, this is a quick hip shot

        Tom


>>> [log in to unmask] 11/17/00 11:44AM >>>
HELP!! After a frustrating attempt to research this issue I have
resorted to
your collective wisdom.
  ISSUE:  Is failure to advertise for a job vacancy considered
invidious
discrimination?

Bob Lamb     ...deep in the heart of TEXAS