4 ms·

Racial discrimination is perfectly legal (and sometimes mandated) as long as the group harmed is the right one.

by djbebs 4y ago

SllX 4y ago
Not under American Federal law.
- weatherlite 4y ago
  Why is diversity hiring fine then? Can't see the difference
  - SllX 4y ago
    It isn’t. The law is race neutral on this; and hiring/firing discrimination on the basis of race, against any race, is a good way to open yourself up to lawsuits. It’s up to HR departments and ultimately their bosses if they want to play with fire or not.
  - nemo44x 4y ago
    In large part because the argument has been, from Judges like Justice Ginsberg, that you aren't taking away anything from anyone by offering "marginalized people" special privilege. Which is an awful rationale since seats at a university or at a job via affirmative action are in fact using a limited resource, but the argument has some semblance of logic in that the position is virtual until it is filled. In this case, you are literally taking a thing away from people based on their race and there's no possible argument when the CEO states it in plain text.
ForHackernews 4y ago
At least in the United States, this is not true. Please do not spread inflammatory disinformation: https://www.eeoc.gov/racecolor-discrimination https://www.eeoc.gov/racecolor-discrimination
- crackercrews 4y ago
  From your link: > The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. This makes it sound like affirmative action is illegal. But it is currently allowed and many companies brag about doing it. What Twilio is doing is basically the same. It's like affirmative action for layoffs. I agree that GP was wrong to say that discrimination is mandated, which it is not.
  - stagger87 4y ago
    "Allowed"
  - aetherson 4y ago
    Affirmative action in hiring for jobs in the US is illegal. University admissions are different, but it is straightforwardly illegal to say, "I'm hiring a software engineer, I have two candidates, I prefer the one who is black because of his race."
    - crackercrews 4y ago
      Companies sure don't seem to be following that law in hiring.
      - PuppyTailWags 4y ago
        Consider: It is illegal but very difficult and expensive to prove in court. Not even your average software dev could easily eat the legal fees required, and therefore they are incentivized to shut up and look for another job.
    - sp332 4y ago
      Affirmative action is required for government contractors. https://www.dol.gov/general/topic/hiring/affirmativeact https://www.dol.gov/general/topic/hiring/affirmativeact Even to the extent of training someone in the right category so you can hire them.

Racial discrimination is perfectly legal (and sometimes mandated) as long as the group harmed is the right one.

by djbebs 4y ago

Racial discrimination is perfectly legal (and sometimes mandated) as long as the group harmed is the right one.

SllX 4y ago

Not under American Federal law.

weatherlite 4y ago
Why is diversity hiring fine then? Can't see the difference
- SllX 4y ago
  It isn’t. The law is race neutral on this; and hiring/firing discrimination on the basis of race, against any race, is a good way to open yourself up to lawsuits. It’s up to HR departments and ultimately their bosses if they want to play with fire or not.
- nemo44x 4y ago
  In large part because the argument has been, from Judges like Justice Ginsberg, that you aren't taking away anything from anyone by offering "marginalized people" special privilege. Which is an awful rationale since seats at a university or at a job via affirmative action are in fact using a limited resource, but the argument has some semblance of logic in that the position is virtual until it is filled. In this case, you are literally taking a thing away from people based on their race and there's no possible argument when the CEO states it in plain text.

ForHackernews 4y ago

At least in the United States, this is not true. Please do not spread inflammatory disinformation: https://www.eeoc.gov/racecolor-discrimination https://www.eeoc.gov/racecolor-discrimination

crackercrews 4y ago
From your link: > The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. This makes it sound like affirmative action is illegal. But it is currently allowed and many companies brag about doing it. What Twilio is doing is basically the same. It's like affirmative action for layoffs. I agree that GP was wrong to say that discrimination is mandated, which it is not.
- stagger87 4y ago
  "Allowed"
- aetherson 4y ago
  Affirmative action in hiring for jobs in the US is illegal. University admissions are different, but it is straightforwardly illegal to say, "I'm hiring a software engineer, I have two candidates, I prefer the one who is black because of his race."
  - crackercrews 4y ago
    Companies sure don't seem to be following that law in hiring.
    - PuppyTailWags 4y ago
      Consider: It is illegal but very difficult and expensive to prove in court. Not even your average software dev could easily eat the legal fees required, and therefore they are incentivized to shut up and look for another job.
  - sp332 4y ago
    Affirmative action is required for government contractors. https://www.dol.gov/general/topic/hiring/affirmativeact https://www.dol.gov/general/topic/hiring/affirmativeact Even to the extent of training someone in the right category so you can hire them.