How would you balance the advantages of word-of-mouth, Ask an Expert

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1) Would an unbalanced workforce due to word-of-mouth recruiting alone ever constitute disparate treatment?

2) Consider the court's response to the above question. Would your decision be different if it could be shown that, in a certain small, all-white firm, recruiting was done only using word of mouth and this effort resulted in only white applicants?

3) How would you balance the advantages of word-of-mouth recruiting against the possibility of discrimination impact?

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