News for hackers. Stuff that matters.
Re:Ask HN: Am I being instructed to do something illegal? (D... by NoImmatureAdHom on Sunday January 23, 2022 @12:34PM (#30048194)
This is something I've tried to figure out in detail due to past similar circumstances. What you're being asked to do is almost certainly illegal. There are a couple small carve-outs for very specific situations, but I would bet almost anything your company has not set up the paper trail to make sure they're in those small carve outs. Either way, what they're doing is morally wrong and will lead to worse outcomes for both under-privileged people and everyone else.

You have a couple different possible moves here:

1) Bring it up to your company's HR, compliance people, or legal team. If you want to stay and look good, this is an okay move. Frame it as, "This probably exposes us to A LOT of liability, no? Just thought I'd let you know".

2) Report them to the relevant authorities. This is the EEOC at the Department of Labor (Federal) and your state's EEOC or EEOC-equivalent. If you're planning on leaving I would definitely do this. Gather evidence of the illegal activity first and then submit. Many states will have whistleblower protections such that what the company can do to hurt you is very limited. You may even end up getting paid for no work.

3) Develop a list of candidates who were illegally discriminated against and notify them. They can then sue the company themselves.

1, 2, and 3 aren't exclusive. You can do a combination: for instance, let the company know and report them to EEOC. If you have the means and want to do a little good in the world, I think spending a couple hundred dollars on talking to a lawyer for an hour or two is a good move as well.

Re:Ask HN: Am I being instructed to do something illegal? (D... by anon926310 on Sunday January 23, 2022 @12:39PM (#30048262)
Thanks for these ideas. Do you have any recs on where or how to find a lawyer for the advice call?
Re:Ask HN: Am I being instructed to do something illegal? (D... by Plasmoid on Sunday January 23, 2022 @02:02PM (#30049231)
Call your local bar association and ask them for referrals to lawyers that deal with employment discrimination law.
Re:Ask HN: Am I being instructed to do something illegal? (D... by NoImmatureAdHom on Sunday January 23, 2022 @01:59PM (#30049178)
The usual first stop advice is your local bar association. Tell them what you're looking for and they should be able to provide recommendations.

Next-level might be looking up similar cases in the past and talking to the attorneys who worked on them.

Of course, if you have any sympathetic lawyer friends you might ask them too!

As an aside, thank you for caring and for doing something about this :-)