Should a company be able to discriminate? Abso-frickin-lutely! Every time you interview you are discriminating based on personality, physical appearance (hieght, weight, presentation and some times... gasp.... color), intelect, verbal skills and much more. This is why you interview. Otherwise you would just have folks send ina resume with a name on it.... but that will not cut it. Your looking to hire the person that fits within your organization the best and that will most help your company reach it's goals. So yes, discriminating against the ugly, the fat, the stupid, the dirty, the uneducated and sometimes the skin color does and will always happen. If you owned a company you would do it as well!
Lets say you have 2 intelectually equal candidates come into your business and you are a middle aged black man that owns the business.
One is a 5 foot tall 30-something white women with acne scars in her facial skin, her hair is very plain and she wears no makeup. You notice on her neck hangs a pagan emblem as a charm, it is of pure 18K gold you suspect because the glow of the gold is of a very dark yellow/gold. Expensive charm no doubt! She is slightly overweight as many a typical American is and her car you saw you park out front looked like it had not seen a soapy sponge in months.
Next is the 30 6'3" thirty-something black man. He is of athletic build and during the interview made a reference to your local NFL team that sparked a short banter over who should make it to the Super Bowl this year. His dress clothes were all designer labels and his appearance was one of perfection. He wears a shirt and tie, but through the cream colored and fitted shirt you notice what might be a tatto slightly printing through the fine and expensive material, so you ask of the marking. He smiles and tells you that when his father passed away, he had a cross placed over his heart with the names of his grandparents and his father inside the cross so that each morning while getting ready to start his day, he will see in the mirror his beloved family members and take just a moment to remember tham and always keep them close to his heart. He arrived in front of your business in a freshly detailed automobile that he appears to take fine care of. Everything about him reminded you of a typical bilboard advertisement photo or a GQ magazine photo.
How do YOU make your choice? They both have very similar education and work experiance... but one gets the job and one keeps handing out resume's.... who will you hire? Who will represent you as an employee? Make your choice and tell me why and how?
(Hint, you have to descriminate based on at least SOMETHING to make the choice....no way around it!)