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by amscanne 1310 days ago
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.

1 comments

Selectivity is not necessarily discriminatory. For further reading, I recommend:

- United Steelworkers of America v. Weber, 443 US 193 (1979)

- Johnson v. VTA; 480 U.S. 616 (1987)

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.
The references above are all that I have prepared for today, apologies.