I am not a lawyer, but it sounds like a potential lawsuit. I do wonder what sort of whistle blower status you could be awarded in this circumstance if any at all.
I wonder if you can get whistle blower protection if you know your team is discriminating against a protected group, and who you can even report that to.
I’m pretty sure that the law doesn’t allow discrimination to correct diversity imbalances.
DEI initiatives are about driving recruiting efforts and targeting towards underrepresented groups (e.g. having recruiters reaching out to qualified women, running recruiting drives at colleges with high minority populations, etc.) but the ultimate hiring decision cannot exclude anyone on the basis of a protected class.
Thanks, these are interesting cases. However, I suspect that these both hinge of the fact that they are related to specific training and internal promotion, which (to me at least) seems like it’s easier to judge that those not selected do not have their interests “unnecessarily trammeled” (they are still employed and will have other opportunities to make progress in the organization). Curious if you know of any pertaining to the external hiring decision itself? I am not debating anything, but the nuances are interesting to me.
I am not a lawyer but I am curious as to this. Maybe it depends on your jurisdiction? What is the legal precedent for this?
I am also curious -- if this is the case, then why not state explicitly in the job req that men need not apply -- if there is no fear of legal consequences? Seems like that would have saved everyone a lot of time.
I guess the first part would be deciding how to measure diversity. Maybe put people into different buckets based on their skin color, sex, gender and disability status.
Then, the next part would be deciding if we want an even split or counts representative of the field (unless that's incorrect too) or maybe based on demographics.