> "this quarter, we only have headcount for 'diverse' candidates",
Such a statement from those with hiring authority is highly illegal. Any HR department that would let this message be delivered, either explicitly or implicitly, would open the company to massive lawsuits, such as the one you linked to. It's as bad as allowing sexual harassment.
Linking the term DEI to illegal hiring practices is like linking having a male manager to sexual harassment. The entire point of DEI was to eliminate illegal biases.
> Such a statement from those with hiring authority is highly illegal. Any HR department that would let this message be delivered, either explicitly or implicitly, would open the company to massive lawsuits, such as the one you linked to.
You’re correct about the law, and the EEOC interpretation has been consistent for decades: https://www.eeoc.gov/laws/guidance/section-15-race-and-color.... But in practice, in many though not all places, “DEI” became a vehicle for double standards, quotas, and other illegal hiring practices.
I suspect what happened is that a generation of professionals went through university systems where racial preferences were practiced openly: https://nypost.com/2023/06/29/supreme-court-affirmative-acti.... When they got into corporate America, including law firms, they brought those ideas with them. But even though pre-SFFA law authorized race-based affirmative action in universities, it was never legal for hiring.
So you had this situation where not only did the big corporations engage in illegal hiring practices. But their law firms advising them were themselves engaged in illegal hiring practices. They all opened themselves up to major liability.
> I suspect what happened is that a generation of professionals went through university systems where racial preferences were practiced openly
I feel like you're ignoring that racial preferences were practiced openly for the entirety of the existence of the university systems in the US. It's just that for almost all of time, the preference was for "white non-Jews" (where "white" was historically malleable: Benjamin Franklin wrote a somewhat famous screed about how Germans and Swedes weren't white, they were inferior, and they were "darken[ing America]'s people"
Discrimination didn’t magically end with the Civil Rights Act, either. American universities are still mostly good ol’ boy networks in all the relevant ways.
You’ll notice that most people arguing against DEI rarely perform meaningful analytics. Because when you do look at the data it tells the tale that the same centuries old systemic biases are still in play.
This is obvious to any adult in the room. But the benefactors of said biases do not want to acknowledge it since it lays bare their utter mediocrity.
Correct. Then we made it illegal, but universities started doing it in the other direction. That’s the timeframe relevant to my point, which is about the people who made the illegal hiring decisions in 2020. They went to universities in the 21st century, not in 1945.
Why does an hard working non-legacy white boy deserve less of a shot than a non-legacy black one? Why should he be penalized because someone else’s father with a comparable skin tan was accepted 25 years ago?
43% of all white students at Harvard are legacy, athletes, directly related to faculty, or have family that donated to the university. That number falls to 16% or lower for black, latino, and asian students.
75% of that aforementioned group of white students would not have been admitted had it been based on merit. 70 percent of all legacy applicants are white, compared with 40 percent of all applicants who do not fall under those categories.
Why does the average applicant need to be penalized when their grandparents legally could not attend these institutions? I think it's pretty obvious why people have such reactions to DEI when it's literally just "legacies for people who legally were barred from participating".
> Why does the average applicant need to be penalized when their grandparents legally could not attend these institutions? I think it's pretty obvious why people have such reactions to DEI when it's literally just "legacies for people who legally were barred from participating".
Averages are meaningless, only individuals matter. Suggesting that preference for legacies be removed is a fine topic on its own, but it's orthogonal to explicitly discriminating against individual applicants based upon the color of their skin.
Since you clearly feel strongly about this topic, I'll ask again. Why should the poor white kid with no legacy relationship get cast aside for some other non-legacy kid with a tan?
> Averages are meaningless, only individuals matter.
Exactly. We shouldn’t treat similarly situated people differently because of group averages. That’s the definition of racism.
It’s also irrational in practice. If you want to compare whose grandparents had it harder, Indians and Chinese are clearly entitled to the most affirmative action.
>Benjamin Franklin wrote a somewhat famous screed about how Germans and Swedes weren't white, they were inferior, and they were "darken[ing America]'s people"
I am going to use the crap out of that reference whenever I see people on HN creatively redefining Europe to exclude parts in order to dishonestly back up some point.
Most eye opening experience in my personal development was attending HR conferences (we sold an HR product but I am an engineer), where speakers were openly saying this out loud. I know you won’t believe me given your statement, but using codewords they said they were trying to hire “diverse candidates”, retain “diverse candidates”, explicitly mark “non-diverse candidates” leaving as non-regrettable churn, filtering and searching for diverse employees within the company to fast track for promotion, etc. I was in shock how brazenly they were saying the quiet part out loud, and breaking the law. This was 10 years ago, there were no repercussions for it, in fact they were all lauded.
It wasn’t even coded in many cases. I’ve had pitch meetings where I had to explain how I was brown as part of an express consideration of the business decision. White people talked about my race to my face more in 2020-2021 than during seven years in the south starting right after 9/11.
Some “DEI” was high level measures like recruiting at a broader set of universities. But in the last 5 years it routinely got down to discussing the race of specific individuals in the context of whether to hire them or enter into business relationships.
It's funny how everyone brings up all these anecdotes, but then the reality is that there are plenty of studies that show that if your name is associated with being black you have much lower chances to be invited to an interview.
So seems like all this talk by HR people didn't really change any hiring practices. It's also funny how everyone is outraged by the DEI programs, instead of the real discrimination that is happening in hiring.
It's enough to show that something isn't ultra rare, but it's not enough to show whether it's happening at 0.1% of companies or 90% of companies or where in between.
If someone is racist in a manner that's outweighed 10:1 by opposite racist practices, that's something we do want to stop, but it shouldn't be top priority and definitely shouldn't be treated as the example of what racism looks like these days.
There is very little evidence of those “opposite racist practices” that are supposedly 10 times more common, at least in large corporations and universities. Microsoft was out there promising to double the percentage of black executives. Where is the big corporations promising to double the number of white executives?
What do you think happens when one level of leadership sets a metric as a goal, and likely ties someone's bonus to that goal?
The metric-goal gets pushed down to lower hierarchy levels, and from then on, all it takes is turning a blind eye and you get the results we've seen in the court case I cited above. The smart ones just don't put it in writing.
I can't find the Microsoft thing, but apparently among fortune 500 companies only 1.6% of CEOs are black. Even double that would still be an extremely low number. So unless you think some truly cosmic random odds happened here, that 1.6% is evidence of lots of racism.
Also, the study suggests that, even with this flawed methodology, a bulk of industries are in the least discrimination category with only a 3% lower callback rate for “black sounding names.”
As I read it, the industries were grouped into three categories. “Least discriminatory” was at 3%. Those are all the industries in green. These are small differences in a study that’s not well designed to begin with.
The explicit discrimination in universities against whites and asians is huge in comparison: https://nypost.com/2023/06/29/supreme-court-affirmative-acti.... A black applicant to Harvard with an academic index in the 5th decile had an 800-900% higher chance of admission than a white or asian candidate with the same qualifications. This isn’t just CEOs. The pattern was similar at UNC, a state school.
> As I read it, the industries were grouped into three categories. “Least discriminatory” was at 3%.
The least single industry was 3%. And each single industry is a very noisy data point, based on a couple companies and needing more data points. By the time you aggregate into more solid data, like those bigger categories, it's more than 3%.
But the whole thing could use better methods and more data for sure.
> The explicit discrimination in universities against whites and asians is huge in comparison
In comparison to this specific resume effect it's pretty big, but that was just a basic example, not an attempt to list the biggest issue.
In comparison to the fortune 500 CEOs the overall effect here is smaller (no I'm not going to look at 5th decile in isolation).
Also even after this bias was applied, they're admitting a below-population-average amount of black students and a far above-population-average amount of asian students. So there's a bunch of other data necessary to properly analyze what's going on and how bad it is. Should there be a super tight correlation to academic decile? There are huge differences in school quality that muddy the signals, and those differences often correlate with race.
I'm not saying they did nothing wrong, but I'm saying it's unclear what the numbers should have been.
A lot of the contemporary formal scientific process is done incredibly badly, for a variety of reasons including overt political bias on the part of individual scientists working in the academic system, pressure to publish any results including poor ones, and outright laziness and fraud. In general we shouldn't assume that if a bunch of public scientific studies purport to show that some phenomenon is happening, that that phenomenon is actually happening. It takes substantial time, effort, and experience to evaluate whether a claimed scientific result is valid; and all the moreso when that result has immediate political policy implications.
I don't think that's quite fair, as in many cases there were federal regulations that pressured industries into behavior that was discriminatory to one group in order to favor others. In fact there was an accumulation of contradictory laws and regulations over 15+ years. In many cases regulations were set that had financial repercussions if hiring practices that were considered illegal weren't followed. There is a respectful interpretation of one of the conservative concerns during the election in that the accumulation of regulations made it impossible to conduct business legally and compliant with regulations in some industries.
Personally I'm very much for the goals of DEI and very much against some of the means that were being taken to reach those goals. It's an extremely difficult and complex problem.
I can't help but wonder if the movement had just focused on inclusion and primarily where there is leverage towards future prosperity, if there wouldn't have been such a backlash and the efforts would have been enduring and compounding.
Slipping that "equity" in there is a trap to confuse responsibility with privilege and cause a lot of trouble that is extremely hard to work through. It's the justification for representation-driven hiring and selection (affirmative action), and equity based hiring practices that were both federally mandated AND constitutionally illegal at the same time.
I can't help but suspect it's something like satisfaction, where if you pursue it directly it's fleeting and destructive but if you focus on the inputs you get more of it and it's enduring.
No, that's not at all the case, the crusaders were acting under the blessing of the church. It still may not be "real" Christianity, but it's not like there were DEI advocates out there giving guides on how to break the law. I was at two companies promoting DEI that were explicit about non-discrimination and had extensive training on it to prevent the illegal actions linked in that lawsuit.
There's no "this is DEI this is not DEI" but any halfway sane and truthful assessment would focus on what the proponents claimed, said, and propagated as their intentions. Just as the Christians of the time were intending to do with the crusades.
Calling this a "no true Scotsman fallacy" is just attempting to misapply a logical fallacy to avoid looking at the issue truthfully and honestly.
Here's an example: the American Rescue Plan Act of 2021 allocated grants to help restaurant owners. It did so on a racist basis: if the restaurant is owned primarily by women, veterans, or the "socially and economically disadvantaged".
That is not an example of DEI advocates giving guidelines on how to break the law.
That is Congress passing a law distributing grants in a way that was determined to be illegal, quite different! And in fact there are long standing government contracting preferences of that sort, from long before DEI was a term or something that corporate America sought.
I fail to see any difference between "congress passing a law that is in violation of another law" and "federal regulations mandating that laws be broken". Can you explain how these situations differ quitely, other than that "regulation" and "law" are different words?
The difference was an incentive grant program that was found to be discriminatory, versus regulations which dictate how private entities act. This a pretty big distinction.
It's an especially big distinction when the question was for sources of DEI advocates handing out instructions to corporate decision makers no how to break the law. It's not even remotely connected.
Actually it took me almost an hour to re-do a portion of the research and lay it out, which I did further down the thread, if you care to look.
Also you didn't ask me to link you to my sources, you asked me what my sources were. I answered your question directly in the best way I could at the time.
Expecting an internet stranger to spend an hour digging up sources for you, when you don't ask respectfully or with any inclination of curiosity comes off as combative - I am not here to debate, I am here to discuss. If you are genuinely curious, take 30 seconds to scroll down and find the other comment I made that took me an hour to put together.
I became aware of the legal contradictions last summer and spent a few hours doing searches and reading through the relevant regulatory language for a few industries. I don't have all the references handy.
I don't work for you. It's not my job to do research for you. If you're genuinely curious and interested in the truth it won't be hard for you to find. Literally go search and read the regulatory language in a few major industries. Start with the department of education. It doesn't seem like you're curious though, it seems like you're combative.
That's fine, of course you don't work for anyone else! But you are also not going to convince anyone else by being vague and refusing to give any specifics.
Usually when somebody makes broad vague assertions of evidence but refuses to back it up, I find that they are either mistaken about their experiences and that their take aways do not really follow from their primary evidence. Though usually it's those on the more DEI side that say "I'm not responsible for educating you" that make these mistakes! In the past year I'm seeing it from people that think DEI is about discrimination, so it's an interesting evolution. The argument is still unconvincing, no matter who says it. And again, I'm not saying you must produce anything for anybody else, I'm just saying that you end up looking like you don't have anything to actually produce.
See Brigida v Buttigieg, if you want a spectacularly dumb example of how bad a DEI program can get. These are not hard examples to find, although I will concede that the "post-truth" anecdotes from the anti-woke camp can lead to a lot of cruft to sift through.
Actually, I work for many people: My customers, my colleagues, my family. I just don't work for strangers on HN.
My mistake was answering judahmeek's question directly. They asked "What are your sources?" and I answered with the truth, that my impressions came from reading the regulations myself. Instead I should have just not replied at all, because I didn't have the time then to go re-do the research and find all the links. It's not like I save every link I visit when exploring my own curiosity. I am not trying to get some paper published here, just trying to understand whats going on and occasionally share what things seem like to me on HN. Also if they had said something like "This is shocking to me, can you point me where to look into this for myself" I would have probably waited and made a more constructive response.
I hope you appreciate that I just took time out of my day to do this for you, primarily because I found your response (in contrast to judahmeek's) reasonably respectful.
What I noticed when I looked into this last year was that regulatory implementations of the affirmative action executive order 11246 continuously increased and seemed to hit a couple inflection points. I think one was in 2000 and one was in 2021, but there may have been more. I didn't save all the sources that I read to give me the impression I got last year, but after spending about 30 min trying to find at least some of them, it wasn't hard to start to see the picture again.
Note that there is a lot of disparate facts here that paint a picture, and they will paint different pictures depending on the stance the reader starts with before engaging. When I explored this last time, I came at it with curious skepticism. The picture they painted for me, was that something that was well intentioned (affirmative action) came with an assumption: if organizations hire blindly based on merit, over time the distributions of their workforce will match the distributions of the pool of applicants applying to work there. To implement affirmative action these organizations need to include everyone in the pools of applicants, which may require disproportional outreach to invite minorities. Based on this assumption, recommendations were made into outreach programs and requirements were set to measure outcomes. Over time the outcomes didn't match expectations, so regulatory pressure was increased. As the regulatory pressure increased, it put more pressure on all levels within these organizations to take action beyond just outreach programs. So what was federally mandated across many industries specifically was race, gender, sexuality reporting and making plans to reach distributions representative of the broader population. Given this accountability set by federal regulations, and decades of efforts to try to solve the problem with outreach and merit based hiring not leading to the expected outcomes, efforts naturally expanded beyond outreach into all relevant decisions (hiring, promoting). That is how you get people being hired and promoted based on race, gender, sexuality instead of merit. (The exact opposite of the original intention).
What I remember from last year as most shocking were Department of Education regulations and NSF incentives, but I can't find those primary sources now. The NSF website seems gutted. What I recall was that NSF set criteria in grant awards to incentivize institutions to have a diverse workforce. I can find evidence of this from secondary sources, but not the primary source I remember seeing last year. Similarly what I remember, is that the DOE mandated DEI reporting and planning and tied it to federal funding/support. The effect was that leaders would put pressure on the organization beyond just job placement recruitment/outreach. The reporting and accountability focused on diversity and representation throughout the entire organization, and so the "plans" and more importantly implications would extend beyond just outreach and impact placement decisions from hiring, to special training / career acceleration programs and promotions.
I think it crossed a line for some people in the years following 2021 (EO 13985) when these regulations were expanded to include factors related to peoples sexual orientation and preferences. Once some manager who was just trying to get through their quarter and hire the candidate that will the do best job has to forgo what seems like the best candidate in favor of some other candidate because of how they chose to identify or who they like to have sex with, well... yeah it was getting ridiculous.
Let me be extremely clear that I don't condone discrimination. I think we should do our best to support everyone to thrive. We just have to be careful about confusing responsibility with privilege, and respect how hard it is to design incentive systems that actually produce the desired outcomes.
You can look at the evidence that I am presenting here and call it weak and argue against it. Or you can consider that I dug this up in 30 min on my lunch break as a favor to you, as someone with no motive other than curiosity and concern.
> Linking the term DEI to illegal hiring practices is like linking having a male manager to sexual harassment.
Obviously, it is not fair to discredit all DEI initiatives simply because some of them (possibly a small minority of them) have lead to illegal hiring practices, but it is nonetheless an issue that it happens. That's obviously still true even if it seems entirely antithetical to the point of said initiatives. How much of an issue it really is we can only really postulate, though.
Personally, I feel the existence of illegal discrimination in service of improving diversity numbers felt like it was treated as an open secret for almost as long as I've been working in tech. I honestly figured it was mostly an urban myth, but it does seem to be a recurring problem that needs addressing.
(I also was somewhat skeptical of police ticket quotas being prevalent, as they are routinely brought up in every day conversation despite being illegal in most jurisdictions I've been, but that also turned out to be largely accurate. Color me surprised.)
How much of an issue it really is we can only really postulate, though.
Between the Labor Dept and various think-tanks/economic research groups, there should/could be data.
I suspect there are a small number of very public MegaCorps doing illegal DEI and that’s enough to illicit the backlash we’re seeing.
I know from my own employer, DEI is about outreach during recruiting and a combination of training for all employees and providing opportunities for people to gather and talk (via coffee talks and round tables that with DEI topics, but open to all).
My thought is, if this sort of problem was happening at a company as big and influential in the industry as Google, that's already pretty bad. The backlash may not be warranted either way but the other position (that everything is fine and nothing needs to be done) isn't necessarily correct either.
The solution to "DEI has run amok!" is not "Ban DEI!" but "better define what DEI means and what is within bounds/outside bounds". But, the latter doesn't fit on a campaign poster, so here we are...
> that everything is fine and nothing needs to be done
That's a complete statement that nobody is even advocating for. We already have the enforcement mechanisms in place.
Just because a law is violated doesn't mean that we get rid of the entire scheme and try something else. Theft does not mean that we need to get rid of property rights, and theft doesn't mean that we need to stop people from seeking material goods.
Perhaps there should be better enforcement mechanisms, but I'm sure that all the DEI advocates would be all ears, because the illegal violations of the law are not what DEI advocates want, precisely because it leads to backlashes in addition to being counter to the explicit goals of all DEI advocates I have ever heard.
> That's a complete statement that nobody is even advocating for. We already have the enforcement mechanisms in place.
> Just because a law is violated doesn't mean that we get rid of the entire scheme and try something else. Theft does not mean that we need to get rid of property rights, and theft doesn't mean that we need to stop people from seeking material goods.
> Perhaps there should be better enforcement mechanisms, but I'm sure that all the DEI advocates would be all ears, because the illegal violations of the law are not what DEI advocates want, precisely because it leads to backlashes in addition to being counter to the explicit goals of all DEI advocates I have ever heard.
My point is just that it seems to be a real problem worth discussion and consideration, not just something made up for concern trolling. Whenever you have potential incentives to violate the law, there is reason to be somewhat concerned. It doesn't always manifest, but sometimes it does.
(P.S.: It is true that nobody is advocating for illegal hiring practices, at least not in good faith. Still, disregarding the apparent connection between DEI initiatives and illegal hiring practices they can incentivize just terminates the discussion.)
I would estimate illegal DEI was happening at more than half of top 100 firms. I’m not as familiar with corporations, but I would be checked if it was less than 25% of Fortune 100s. The HR folks all attend the same conferences together. And the big corps set the permission structure for how everyone else acts.
Such a statement from those with hiring authority is highly illegal. Any HR department that would let this message be delivered, either explicitly or implicitly, would open the company to massive lawsuits, such as the one you linked to. It's as bad as allowing sexual harassment.
Linking the term DEI to illegal hiring practices is like linking having a male manager to sexual harassment. The entire point of DEI was to eliminate illegal biases.