> I don't think it is right to say one is discrimination and the other is not.
> In both cases you are making prejudicial judgements about people through categorization.
They are both discrimination, and they are both prejudicial judgement, but only one is illegal. Any property or characteristic of a candidate you use to make a hiring decision is the process of discriminating between the available candidates, and making prejudicial judgements.
Discrimination based on certain properties, like gender, is illegal. Discrimination based on any other properties, like college education, prior experience, communication skills, or how quickly (or more often slowly) they can do FizzBuzz is called 'the decision making process'.
An effective hiring process usually starts with trying to find good places to advertise, and then followed very shortly by figuring out how you will discriminate/prejudge the qualified candidates from the other [95% of] applicants.
As a general guide, typically it's the immutable properties which are the ones where discrimination is illegal.
They are both discrimination, and they are both prejudicial judgement, but only one is illegal. Any property or characteristic of a candidate you use to make a hiring decision is the process of discriminating between the available candidates, and making prejudicial judgements.
Discrimination based on certain properties, like gender, is illegal. Discrimination based on any other properties, like college education, prior experience, communication skills, or how quickly (or more often slowly) they can do FizzBuzz is called 'the decision making process'.
An effective hiring process usually starts with trying to find good places to advertise, and then followed very shortly by figuring out how you will discriminate/prejudge the qualified candidates from the other [95% of] applicants.
As a general guide, typically it's the immutable properties which are the ones where discrimination is illegal.