One of the best ways to stay out of court is to (1) keep tabs on what sorts of things the EEOC is suing employers for and then (2) don’t do those things:
* tell a minority applicant during the hiring process that she is “obviously qualified,” then refuse to hire her because she is “unqualified” and then hire a less qualified non-minority applicant (here);
* refuse to hire non-Hispanic applicants for housekeeping positions (here);
* refuse to hire an applicant solely because they don’t speak Spanish when it’s not required for the job (here);
* screen out applicants on a nationwide basis based on credit history and criminal charges/convictions without considering potential job-relatedness (here);
* systematically favor employees of one national origin over another (here); and
* fail to take adequate steps to address a racially hostile work environment, including racial slurs, graffiti and nooses (here, here, here and here).