I don’t know anything about IBMs situation. But for me, a much smaller company, there’s a difference between saying you will only hire a Native American and say

I don’t know anything about IBMs situation. But for me, a much smaller company, there’s a difference between saying you will only hire a Native American and saying you have intentionally chosen to put up a hiring booth at a Native American conference. In practice they have similar outcomes but the first is illegal, as you say, and the second isn’t. Every hiring pipeline will have demographic biases in it. And there is no law saying you have to investigate every single pipeline. But in practice how you choose your pipelines plays a big role in the demographics of your hires. I think too that this is not discrimination because it is merit based. I’m saying that because of other people’s discrimination you could probably operate on a valid business ROI hypothesis that choosing more diverse pipelines is a better use of a hiring managers time and money.