5 ms·
> So I can institute a policy of delaying offers to pregnant women for 9 months? Then I think my caveat ("Unless you were to try and claim that the intent of t
by joshuamorton 2y ago
> So I can institute a policy of delaying offers to pregnant women for 9 months?
Then I think my caveat ("Unless you were to try and claim that the intent of the delay were to get non-diverse applicants to leave the hiring pool") applies.
> Yes, that is the intent. The longer candidates have to wait for an offer, the more likely they are to accept a competing offer or drop out of the hiring process. The way the DSA increased the representation of "diverse" demographics is by making "non-diverse" candidates wait a potentially long time for the DSA to be fulfilled, while diverse candidates never had to wait because their inclusion immediately fulfilled the DSA.
You can justify this numerically, right? Like, You have some data to back this up, right? Like you aren't just entirely making up a boogeyman, right? You have some evidence beyond your personal dissatisfaction and disapproval that the process actually results in significantly different processing times for diverse vs. non-diverse applicants, right? Because without such evidence, you're making a pretty conspiratorial claim.
> You realize that "increasing diversity" is identical to "reduce the representation of non-diverse demographics"? It's a discriminatory policy that examines applicants protected class and treated them different based on their race and gender.
Yes, I agree with you. But now when you said
> That doesn't make it discriminatory, it just meant that the representation of non-Catholics was previously inflated by the discriminatory suppression of 50% of Catholic applicants. I'm not sure why this is hard to comprehend.
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".
You can't have it both ways, this is why the language you use is important, because while it is true that many of these policies do take into account applicant race and gender, they do so in ways that are explicitly legal, and often explicitly required. So when you say any policy which "examines applicants protected class and treated them different based on their race and gender" is illegal, you're wrong. That's not what the law says, that's not what the law thinks, that's not what the courts have held for 60 years.
If a company institutes a policy to reduce discrimination against a particular class, that policy must, necessarily recognize that class and consider it differently to ensure that it is treated fairly. The law recognizes this, you appear not to.
This is why I keep asking you to use more precise language, you're saying things are discriminatory, but you use that sometimes to mean in the illegal sense, and sometimes you mean in the practical sense of recognizing differences.
> You realize these are the exact same policy? If I penalize my employees if they don't meet a minimum percentage of a protected class, it's the same policy regardless of the specific word uses for the minimum percentage.
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.
> These policies haven't been used for decades. Google only recently including representation quotas - oh, sorry, goals - in performance reviews in 2021. Meta didn't employ the DSA until 2018. These are have not been employed for decades.
The policies I'm describing, that the EEOC has forced companies to follow as part of consent decrees, and that the federal government has required of contractors, have in fact been required for decades. That tech companies chose to adopt something similar of their own volition and then un-adopt a few years later does not change the underlying legality of the class of policy.
No one was requiring Meta to implement specific diversity policies, and so they were free to stop doing them. That's true, but also the policies they had were not illegal, and other companies have done similar things for longer, and some companies are required to institute similar policies and have been for longer than Meta has existed.
> setting numerical thresholds on the basis of protected class (so long as a word other than "quota" used) is used for those thresholds
I continue to believe companies are able to achieve diverse hiring practices without resorting to illegal discrimination. You seem unwilling to believe this is even possible in theory, and contend that the simple act of having a diversity goal is de facto illegal. 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-million-eeoc-hiring-discrimination-lawsuit https://www.eeoc.gov/newsroom/radiant-services-pay-11-millio..., where the government requires companies to institute such policies. You understand why it is odd to contend that the EEOC's operating procedure for the past 60 years is, on its face, illegal? If it were, you'd think someone would have won a court case to that effect.
I'd once again appreciate if you tell me which of the policies I suggested that the company undertake to increase Catholic representation are illegal, because as far as I can tell, all of them are illegal, and I'd like to know where or if you disagree.
- Manuel_D 2y ago> You can justify this numerically, right? Like, You have some data to back this up, right? Like you aren't just entirely making up a boogeyman, right? You have some evidence beyond your personal dissatisfaction and disapproval that the process actually results in significantly different processing times for diverse vs. non-diverse applicants, right? Because without such evidence, you're making a pretty conspiratorial claim. 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's ridiculous, both policies exert the exact same amount of pressure to meet the X% threshold. If penalizing people for failing to meet an X% quota will lead them to lower hiring standards or engage in discrimination, then there's no reason to think that the exact same policy save for the word used to refer to the threshold would have any different outcome. > 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 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.