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by nhchris 1197 days ago
> why they can even exist in the first place

They're legally required by the Civil Rights Act of 1964 and its consequences. Let me explain:

The act prohibits discrimination on several protected characteristics, and the Supreme Court has expanded that to cover even things that merely correlate with those characteristics, unless an employer can convincingly show those characteristics are required [1].

But how can employers shield themselves from the legal risk of a discrimination lawsuit, when "discriminating" is so vaguely defined? By showing they engaged in "best effort" not to discriminate, which means mouthing all the right platitudes, employing ever-evolving "best practices", and having departments devoted to the cause (first HR, now DEI).

It's a red queen's race to be the most progressive and anti-racist, plus positive-reinforcement as the alumni of these institutions take up influential positions in society, and these are the results after 60 years of it. Any corporation, school, or university that goes against it, that merely tries to stay neutral, will fall behind and be made a legal and PR example of [2].

[1] To see how harsh a test this is, requiring an IQ test for management positions is prohibited: https://en.wikipedia.org/wiki/Griggs_v._Duke_Power_Co.

[2] https://richardhanania.substack.com/p/woke-institutions-is-j...

2 comments

Very few companies have DEI programs. DEI isn't a trend because it's a defense against specious discrimination suits. It's a trend because it's fashionable. The argument in your last paragraph is thus easily falsified.

A message board strategic tip: if you're going to try to make an argument about how antiracism is overreaching in our society --- which should be a layup! --- try to do it without citing an overt racist to support your argument.

> Very few companies have DEI programs.

Please don't lie to me:

"I have surveyed the programming of every Fortune 100 company and have confirmed that all of them have now adopted so-called DEI programs." - https://www.city-journal.org/the-diversity-equity-and-inclus...

Though I'm sure if you look at all companies, including every corner store, hair salon, and taco shop, the proportion of DEI initiatives and HR departments falls.

> It's a trend because it's fashionable.

And it's fashionable in part because any company where it's not encouraged is in legal peril.

That's obviously false. There are over 1.7MM corporations in the US and over 7MM partnerships and sole proprietorships, and you've attempted to characterize all of them by a sample of the 100 hugest of them. There are all sorts of things the F100 has that the median company doesn't, almost none of them owing to legal peril.
Hold on, that sample is a sample of the biggest ones! That’s a fair sample! Amazon having a DEI program and mom and pop hardware store not having one do not weigh equally on the scale!
Cite an example of any company being sued for not having a DEI program.
Why do I need to do that to defend the specific, factual point that DEI efforts are common in American workplaces? It’s not a value judgement, it’s just a fact.
They're not sued for not having a DEI program, but for vaguely and broadly defined "discrimination". Having a DEI program is a defense against such accusations.
Neutral, in your case, would be discriminatory and systemically racist. As in, that good old time for white folks before the Civil Rights Act.