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How has no one filed a lawsuit with regards to these practices yet? My last manager told me there was a "side pot" of raise money for diverse employees. Surely

How has no one filed a lawsuit with regards to these practices yet? My last manager told me there was a "side pot" of raise money for diverse employees. Surely all it would take is one lawsuit to torpedo such a policy.

pclmulqdq 4y ago
Unfortunately, it would likely take a lot more than one lawsuit. Colleges have been repeatedly sued for racist practices during admissions and keep finding a new ways to legally implement racial bias. The court of public opinion is a lot better at fighting against things like this than the courts of law - it was really what brought down Jim Crow in the US (the law followed the popular opinion).
- crackercrews 4y ago
  A thread from yesterday had discussion about the legality of all this. [1] Turns out affirmative action can be legal in uni admissions but not generally in employment. So analogies to education are not particularly apt. 1: https://news.ycombinator.com/item?id=32837802 https://news.ycombinator.com/item?id=32837802
  - KennyBlanken 4y ago
    Affirmative action is legal in employment where there is a historical imbalance or disparity. https://news.ycombinator.com/item?id=32857237 https://news.ycombinator.com/item?id=32857237
- yucky 4y ago
  >it was really what brought down Jim Crow in the US Interestingly enough, the Jim Crow laws (as awful as they were) were actually less racist than the outright race-based discrimination being used today, particularly against Asians. Jim Crow Laws were used against poor whites as well, something forgotten by many. Dr. Adolph Reed has made this point for years - https://goodbye.substack.com/p/adolph-reed-jr-jim-crow-raceclass https://goodbye.substack.com/p/adolph-reed-jr-jim-crow-racec.... His argument is that this is done to keep people's eyes off the prize in terms of class struggle, in order to make it all about identity.
president 4y ago
I work at a large Silicon Valley company and a portion of Directory/VP bonus is earned by ensuring hiring meets certain "diversity" quotas. There have been many internal stories of managers hiring based on race to make sure they receive their full bonus. Not sure how this isn't illegal.
- bombcar 4y ago
  If you are very careful about almost making sure you're working on getting more applicants you are almost certainly in the clear. Once you start implementing hiring quotas you need to be very careful, but right now you can probably get away with it unless someone is willing to take the risk to sue (it would probably destroy their reputation to do such a thing).
- systemvoltage 4y ago
  I never understood D&I in corporations. How is it diverse when everyone looks different but thinks exactly the same way?
  - crackercrews 4y ago
    Looks great in the photos on the corporate website though.
    - systemvoltage 4y ago
      I actually had HR take a photo of me and put it in their diversity brochure. I am not white so that makes me somehow useful.
  - tablespoon 4y ago
    > I never understood D&I in corporations. How is it diverse when everyone looks different but thinks exactly the same way? Because it's not really about diversity per se: https://www.nytimes.com/2022/09/14/opinion/elites-populists-political-beliefs.html https://www.nytimes.com/2022/09/14/opinion/elites-populists-...: > His argument, in brief: “In the past, upper-class Americans used to display their social status with luxury goods. Today, they do it with luxury beliefs.” With the lost salience of luxury items, “the upper classes have found a clever solution to this problem: luxury beliefs. These are ideas and opinions that confer status on the rich at very little cost, while taking a toll on the lower class.”
bagels 4y ago
There needs to be a plaintiff. There's going to be a couple high hurdles to overcome: For standing, the plaintiff has to be someone who can demonstrate that they specifically were specifically harmed by these policies. Maybe even harder, you have to find someone who is willing to take the heaps of public scrutiny that's going to come with claiming white victim-hood.
- the_doctah 4y ago
  >For standing, the plaintiff has to be someone who can demonstrate that they specifically were specifically harmed by these policies. That's what discovery is for
  - bagels 4y ago
    True. I mixed the two together, thanks for the clarification. Standing is: got laid off Making a case: discovery would have to show evidence that they were fired for illegal reasons

pclmulqdq 4y ago

Unfortunately, it would likely take a lot more than one lawsuit. Colleges have been repeatedly sued for racist practices during admissions and keep finding a new ways to legally implement racial bias. The court of public opinion is a lot better at fighting against things like this than the courts of law - it was really what brought down Jim Crow in the US (the law followed the popular opinion).

crackercrews 4y ago
A thread from yesterday had discussion about the legality of all this. [1] Turns out affirmative action can be legal in uni admissions but not generally in employment. So analogies to education are not particularly apt. 1: https://news.ycombinator.com/item?id=32837802 https://news.ycombinator.com/item?id=32837802
- KennyBlanken 4y ago
  Affirmative action is legal in employment where there is a historical imbalance or disparity. https://news.ycombinator.com/item?id=32857237 https://news.ycombinator.com/item?id=32857237
yucky 4y ago
>it was really what brought down Jim Crow in the US Interestingly enough, the Jim Crow laws (as awful as they were) were actually less racist than the outright race-based discrimination being used today, particularly against Asians. Jim Crow Laws were used against poor whites as well, something forgotten by many. Dr. Adolph Reed has made this point for years - https://goodbye.substack.com/p/adolph-reed-jr-jim-crow-raceclass https://goodbye.substack.com/p/adolph-reed-jr-jim-crow-racec.... His argument is that this is done to keep people's eyes off the prize in terms of class struggle, in order to make it all about identity.

president 4y ago

I work at a large Silicon Valley company and a portion of Directory/VP bonus is earned by ensuring hiring meets certain "diversity" quotas. There have been many internal stories of managers hiring based on race to make sure they receive their full bonus. Not sure how this isn't illegal.

bombcar 4y ago
If you are very careful about almost making sure you're working on getting more applicants you are almost certainly in the clear. Once you start implementing hiring quotas you need to be very careful, but right now you can probably get away with it unless someone is willing to take the risk to sue (it would probably destroy their reputation to do such a thing).
systemvoltage 4y ago
I never understood D&I in corporations. How is it diverse when everyone looks different but thinks exactly the same way?
- crackercrews 4y ago
  Looks great in the photos on the corporate website though.
  - systemvoltage 4y ago
    I actually had HR take a photo of me and put it in their diversity brochure. I am not white so that makes me somehow useful.
- tablespoon 4y ago
  > I never understood D&I in corporations. How is it diverse when everyone looks different but thinks exactly the same way? Because it's not really about diversity per se: https://www.nytimes.com/2022/09/14/opinion/elites-populists-political-beliefs.html https://www.nytimes.com/2022/09/14/opinion/elites-populists-...: > His argument, in brief: “In the past, upper-class Americans used to display their social status with luxury goods. Today, they do it with luxury beliefs.” With the lost salience of luxury items, “the upper classes have found a clever solution to this problem: luxury beliefs. These are ideas and opinions that confer status on the rich at very little cost, while taking a toll on the lower class.”

bagels 4y ago

There needs to be a plaintiff. There's going to be a couple high hurdles to overcome: For standing, the plaintiff has to be someone who can demonstrate that they specifically were specifically harmed by these policies. Maybe even harder, you have to find someone who is willing to take the heaps of public scrutiny that's going to come with claiming white victim-hood.

the_doctah 4y ago
>For standing, the plaintiff has to be someone who can demonstrate that they specifically were specifically harmed by these policies. That's what discovery is for
- bagels 4y ago
  True. I mixed the two together, thanks for the clarification. Standing is: got laid off Making a case: discovery would have to show evidence that they were fired for illegal reasons