A business should be able to not hire someone.
Sorry for the late arrival. I agree with this statement. However,
Their basing is their own reason and business have zero obligation to inform anyone why they didn't hire.
This I strongly disagree with. If you are not going to hire someone there needs to be a documented reason why. As someone who has spent several years going through oral boards, interviews, tests, and more it is frustrating to no end to not get any constructive feedback on what is happening. For the past five years I have applied to every law enforcement agency within 50 miles of me and have only once been given a reason why I was not hired. Now, I am not blaming all of them or even most of them, but some constructive feedback would be helpful, and it would allow me to determine if a previous employer is actively sabotaging my efforts for employment.
Quite frankly, it is bullshit for businesses or agencies to not provide a legitimate reason as to why someone is not an acceptable candidate. It costs the company nothing to provide the reason as whoever does the hiring has already singled them out for one reason or another. Is it wrong to know that reason? How else is the work pool supposed to grow and support the market? How else do we stop people from discrimination and keep the system in check? As
@Freefalling metioned, there is a way to minimize the odds against being sued, but at least the individual will have a simpler time going up against a corporation/business that will have vast more legal resources than the applicant. Forcing companies to interact better with the applicant pool will save them liability in the long run, and help to increase the quality of the applicant pool. It will also help to deter people from applying for jobs that they are not qualified for.
Are you advocating hiring someone solely based on race/gender/orientation?
No, never. In a perfect world these would not even be a consideration, but let's face it. This world is anything but.
Let the market figure itself out.
The idea that the market can self correct a problem is wishful at best. There are rare instances where it has, but overall it does not. How do you propose a large company like Microsoft, Apple, or Google correct itself when they are leaders within their respective fields? As we see in politics, the public (also sometimes the market) has a very short memory. As with anything in life, balance is the key. Companies do not need free reign to do as they please, but they also do not need to be constricted to the point of being micro managed. Make it an even playing field for all to succeed on their merits alone. Additionally, what if the hiring body is government, then what recourse is there for correction?
Sorry for the split quoting, but there were parts I agreed and disagreed with. This made it easier to split them out.