This is as close to a neutral and objective description of ESG as could be written in English! That is not grievance, and it should not be downvoted as such.
Technically-legal-but-still-violating-the-spirit happens if the people involved bother asking legal about it.
2. I can at least point to plenty of evidence that this happens. Take this 2021 UC Berkeley Study [1] showing that job applicants with black-sounding names were significantly less likely to get called back than applicants with white-sounding names. What's the motivation there? Good ol' fashioned racism. Y'know, the exact motivation that prompted the laws in question to be written.
It’s not my job to argue with HR about what constitutes legal hiring practices.
I wish people here could use reasonable judgment instead of a kind of judgment that reflects "something is possibly true technically, but not really realistic, but I'm going to treat as true anyway because it runs against a mainstream/political narrative so someone rebut me"
And some positions are only offered to diverse candidates or candidates from a particular subgroup, like LGBT etc. Last year, one of the roles I had to fill was diverse-only. Only applicants of color were allowed to apply for the role.