Comment by sneedle
3 months ago
Or you stop trying to force blacks into the job and hire whoever applies and is the most qualified. This way people don't die just so leftists can feel satisfied.
3 months ago
Or you stop trying to force blacks into the job and hire whoever applies and is the most qualified. This way people don't die just so leftists can feel satisfied.
Which part of setting up a stall in a job fair in a more diverse part of town is "forcing blacks into the job"?
From what I saw, people did that years and years ago. What happens when that isn’t sufficient?
The problem, of course, is that due to "disparate impact" doctrine, this (and colourblind hiring in general) is de facto illegal, and DEI scale-tipping is de facto mandatory (even though it's almost always de jure illegal).
Large American employers basically all face the same double bind: if they do not disriminate in hiring, they almost certainly will not get the demographic ratios the EEOC wants, and will get sued successfully for disparate impact (and because EVERYTHING has disparate impact, and you cannot carry out a validation study on every one of the infinite attributes of your HR processes, everyone who hires people is unavoidably guilty all the time). But if they DO discriminate, and get caught, then that's even more straightforwardly illegal and they get sued too.
There is only one strategy that has a chance of not ending you up on the losing end of a lawsuit: deliberately illegally discriminate to achieve the demographic percentages that will make the EEOC happy, but keep the details of how you're doing so secret so that nobody can piece together of the story to directly prove illegal discrimination in a lawsuit. (It'll be kinda obvious it must've happened from the resulting demographics of your workforce, but that's not enough evidence.) The FAA here clearly failed horribly at the "keep the details secret" part of this standard plan.
Curious to see if "disparate impact" criteria gets softened, i.e., impose requirement to find "intentional bias" (c.f. status quo)
What I think is weird is how many firms have this reason, but do it for other stated reasons and don't simply state this compliance nuance. I figure more people would accept your "paragraph three strategy" as an acceptable means to a required end. Maybe this threat is more of a "what if" that has lower probability of enforcement so in practice, getting hunted for this is not that likely.
What grandparent said wouldn’t lead to people dying though.
Depends if you are able fill the slots, and how quickly.
It looks like the thing that stopped the slot filling was funding, not a dearth of candidates.
We had 500 open positions. We filled 100, and argued over 10.
That’s still a gap of 400 positions. We have only 110 qualified applicants.
The Math is missing a third variable.
6 replies →
[flagged]