So your contention is that the government regularly requires companies to undertake otherwise illegal activities, and that it would be illegal for the company to voluntarily follow a similar set of policies? Can you point to a statutory basis for this claim? I don't think I've ever seen the concept that a consent decree can require otherwise illegal actions.
> Why does one require lowering the bar, but the other does not, when the policies are functionally identical?
My contention is that it does not require illegal activities to meet reasonably set hiring goals.
> If a company institutes a policy where managers' performance reviews are penalized unless they hire a certain percentage of women, then that is increasing representation through discriminatory means. The performance reviewed were changed to use the protected class of hires as a factor.
In your Catholic example, is saying "we have a goal to stop flipping the coin" illegal? It is otherwise identical to a goal of increasing representation of a certain group by a certain percentage by changing some aspects of the hiring process that unfairly impacts a particular class.
Why is that policy acceptable, but real world policies are, seemingly in every case, supposedly illegal?
> This is explicitly documented in Meta's hiring policies, both the mechanisms by which offers for non-diverse candidates are delayed and the goals of reducing non-diverse representation.
Why haven't you sued them, if this was documented to the degree you describe, it was on its face illegal. And meta was actively admitting to illegal discrimination. I've been awarded money in a similar suit, so it's certainly possible for white men to win in discrimination cases.
Not regularly, only when companies are successfully sued for discriminating.
> Can you point to a statutory basis for this claim?
https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title...
United Steelworkers vs. Weber established that use of protected class as a factor in employment is allowed only in narrow circumstances. In that instance, a company only hired steelworkers from a whites-only union, and were compelled by the government to give preferences to nonwhite employees for some period of time afterward.
In normal circumstances, a company cannot give racial preferences.
> My contention is that it does not require illegal activities to meet reasonably set hiring goals.
You still haven't answered the question:
"Your performance review score is reduced if you don't meet a quota of X% women"
"Your performance review score is reduced if you don't meet a goal of X% women"
Why does one require illegal activities to meet, but not the latter? This remains unanswered.
> In your Catholic example, is saying "we have a goal to stop flipping the coin" illegal?
It's not.
> It is otherwise identical to a goal of increasing representation of a certain group by a certain percentage by changing some aspects of the hiring process that unfairly impacts a particular class.
Because it's using protected class as a factor in hiring.
Say an orchestra adopts anonymous auditions, and the representation of women rises from 33% to 50%. That's a non-discriminatory hiring policy.
Another orchestra issues a "goal" or "representation target" or "diversity milestone" or some other euphemism that allocates 50% of the orchestra seats to women. That's a discriminatory hiring policy.
This is fourth time I've explained this, it seems like you're being willfully ignorant here.
> Why is that policy acceptable, but real world policies are, seemingly in every case, supposedly illegal?
They're not illegal in every case. Anonymizing interviews is legal, for example. The problem is that the legal ways of reducing discrimination don't lead to equitable results. Thus pushes towards equity require illegal discrimination, like setting thresholds and penalizing employees when those thresholds aren't met.
> Why haven't you sued them, if this was documented to the degree you describe, it was on its face illegal.
Because I'm not a victim of its policies. I'm Cuban so I'm one of the "diverse" candidates that fulfills the DSA. I have no basis to sue.
As phrased, I don't think the first would be illegal. It probably doesn't actually meet the definition of a quota, although use of the word "quota" is likely to receive stricter scrutiny.
If it can be met without illegal practices, it's perfectly fine, and if you don't actually institute a quota, even if you call it a quota, it's fine.
If the goal can be met by expanding the talent pool or by reducing discrimination, it doesn't matter what you call it.
> Say an orchestra adopts anonymous auditions, and the representation of women rises from 33% to 50%. That's a non-discriminatory hiring policy.
> Another orchestra issues a "goal" or "representation target" or "diversity milestone" or some other euphemism that allocates 50% of the orchestra seats to women. That's a discriminatory hiring policy.
Now what if they are the same orchestra, that is, they set a goal of hiring 50% women, and meet it by blinding auditions? Again, my contention is that it is not necessary to undertake illegal activities to achieve a diverse hiring goal.
You seem to agree with this in theory, but when given any concrete policy proposal, even ones that are widely accepted and have been adopted by wide swaths of the US for the better part of a century, you claim that they are illegal. You're simply incorrect.
> Not regularly, only when companies are successfully sued for discriminating.
This is approximately a weekly occurrence (they settle about 2 cases per week), I'd say that's fairly regular.
Further, such goals were required by all federal contractors from 1965 to Jan 20 of this year (https://en.m.wikipedia.org/wiki/Executive_Order_11246), its kind of silly to continue to claim that diversity goals are illegal when they've been required by every federal contractor for longer than any of the companies you've mentioned have existed.
"Your performance review score is reduced if you don't meet a quota of X% women" You think this is legal?
> Now what if they are the same orchestra, that is, they set a goal of hiring 50% women, and meet it by blinding auditions?
And what happens if they blind the auditions, but the share of women still falls short of 50%? Well, then they have to adjust the results of the blind auditions to match the quota.
You've repeatedly done this sneaky rhetorical slight of hand, where you endorse explicitly discriminatory policies and justify it with the claim that it could be achieved through non-discriminatory means. But that doesn't change the fact that the policy is discriminatory, and almost certainly would result in discrimination.
If I tell my employers that I don't want to hire any pregnant women - say, we institute a "diversity goal" of 100% non-pregnant employees - they could achieve this goal without actually discriminating against any pregnant women. That doesn't change the fact that such a goal is discriminatory.
> Again, my contention is that it is not necessary to undertake illegal activities to achieve a diverse hiring goal.
I've witnessed firsthand companies setting diversity "goals" of 40% women electrical engineers. 10% of electrical engineers are women. There's no way this can be feasibly achieved without resorting to gender discrimination.
> You seem to agree with this in theory, but when given any concrete policy proposal, even ones that are widely accepted and have been adopted by wide swaths of the US for the better part of a century, you claim that they are illegal. You're simply incorrect.
I've listed numerous hiring policies that I explain are not illegal:
* Anonymous resume review
* Adopting objective evaluation criteria
* Create and send resumes to your recruiters, identical save for identifying information like names, and follow up on any discrepancies on call-backs.
> This is approximately a weekly occurrence (they settle about 2 cases per week), I'd say that's fairly regular.
~100 cases a year nation wide makes it an extremely rare occurrence.
No they don't, they can (and in cases I've seen!) fail to reach the goals! Or they can adopt other legal policies such as additional ones I've suggested.
> Your performance review score is reduced if you don't meet a quota of X% women" You think this is legal?
As long as the methods of increasing representation are legal, yes. You yourself have said as much.
> You've repeatedly done this sneaky rhetorical slight of hand, where you endorse explicitly discriminatory policies and justify it with the claim that it could be achieved through non-discriminatory means.
No, I've been consistent that it is not illegal to have a hiring goal. Such a goal can be met in legal or illegal ways. You appear to consistently claim that even stating a goal and holding people accountable to it is illegal. I disagree. It depends entirely on what methods are chosen. The pursuit of diversity is not inherently illegal.
> I've listed numerous hiring policies that I explain are not illegal
And you've additionally claimed that a number of perfectly legal policies which are unlawfully discriminatory. Pipeline expansion policies with the aim of creating diverse candidate pool are perfectly legal, especially when they aim to account for flaws in existing talent pipelines that may be biased by missing underrepresented candidates.
Your objection to to these programs is that you claim meta announced that the goal of one of their programs was to delay giving interviews and offers to certain candidates with the intent of having those candidates drop out, so they could instead extend more offers to diverse candidates, and that you saw numerical documentation of these delays and their impact. And all I'm going to say so that's the most bullshit thing I've ever heard, because of it were in fact that well documented, it would be a slam dunk case and have been front page news.
The fact that no one else I've ever spoken to about such pipeline expansion and slate diversity programs has ever mentioned such a concern suggests that this "fact" you have is not as well documented or as clearly intentioned as you make it seem.
I'm going to disengage after this post, because we aren't getting anywhere and you appear to be inventing more and more elaborate liee to prop up your objection to these programs. That's your right, but it's not something I want to entertain further.
> ~100 cases a year nation wide makes it an extremely rare occurrence.
But I'll note you ignored the part where I mentioned every federal contractor has done things you claim are unlawful for 60 years.
Yes, if you compile statistics on how long candidates have to wait for the DSA to be fulfilled, you'll see that diverse candidates don't have to wait at all because the DSA is fulfilled the moment that a diverse candidate is interviewed but the non-diverse candidates are stuck waiting until a diverse candidate is interviewed.
This is explicitly documented in Meta's hiring policies, both the mechanisms by which offers for non-diverse candidates are delayed and the goals of reducing non-diverse representation.
> You see how this is a contradiction. The policy to "increase diversity" and improve retention of Catholics isn't discriminatory, when you described it, but it is discriminatory now when it suits you since it "reduces the representation of <non-catholic> applicants".
The "The policy to 'increase diversity' and improve retention of Catholics" in the example above is to stop rejecting 50% of Catholic applicants.
If a company anonymizes its hiring and the hiring rate of women subsequently increases, then that is increasing the representation of women through non-discriminatory means.
If a company institutes a policy where managers' performance reviews are penalized unless they hire a certain percentage of women, then that is increasing representation through discriminatory means. The performance reviewed were changed to use the protected class of hires as a factor.
I'm not sure why you think this is a contradiction. If a policy uses the protected class of applicants or hires as a factor, it's discriminatory. Things like anonymizing interviews are not discriminatory. Do you really not understand why anonymizing hiring is non-discriminatory, but setting thresholds on the hiring outcomes and penalizing employees if those thresholds are not met is discrimination?
> You continue to not understand what a quota is, and how the law considers them different than other policies. If you maintain the same hiring bar, it isn't a quota. A quota functionally requires using a lower quality bar for such applicants, and using class, not qualification, as the deciding factor.
A quota does not require setting a different hiring bar. Imagine I have a diversity goal of 40% women hires in software development. Only 20% of software developers are women, so in order to meet this quota, I flip a coin whenever a male developer applies and reject 50% of male applicants. The rest of the interview process proceeds as normal. This doesn't lower the bar for women. They still need to pass the same set of skills based interviews as men. But it's absolutely discrimination on the basis of gender to reject 50% of male applicants to pursue a diversity goal.
"Your performance review score is reduced if you don't meet a quota of X% women"
"Your performance review score is reduced if you don't meet a goal of X% women"
Why does one require lowering the bar, but the other does not, when the policies are functionally identical? Your performance review score is reduced if you hire less than X% women in both cases. Is your line of argument really that the mere substitution of one word determines how employees will respond to the threat of lower performance reviews if a threshold isn't met?
> That simply isn't true, and I'd really appreciate it if you could read the links I've posted, such as https://www.eeoc.gov/newsroom/radiant-services-pay-11-millio..., where the government requires companies to institute such policies.
That was done as part of a settlement for a discrimination lawsuit. The exceptions to the prohibition on using race and gender as a factor in hiring are narrow. Bona fide occupational qualifications are one. You can specifically hire a Back actor to portray, say, Frederick Douglass in a movie. Consent decrees as part of a discrimination lawsuit are another.
But none of these apply to Google, or any of my past employers that engaged in discriminatory hiring. Your justification for discrimination on the basis of protected class only applies in a narrow set of circumstances.