Can someone smarter than me (I know, it’s a low bar) explain how DEI is unconstitutional? Especially when it comes to private enterprises like Apple and Costco?
Edit: okay, I found a decent article that lays it out. While I agree with the basic premise, I know its effect won’t be more equality.
DEI is basically “you know that thing we do where we only hire from the old boys club at our favorite ivy league university? Let’s hold off on that.”
Companies benefit from DEI policies because they expand their hiring pool, so the company ends up with better talent. They’re still aiming to hire the best out of that pool, of course. Companies are motivated by profit, not by reparations.
I know its effect won’t be more equality.
Its effect will be more equality. Unfortunately that is not a good thing for the old boys club, which is what motivates the FUD and disinformation you’ve heard regarding DEI as a buzzword.
the whole DEI inititive generally is to get people who historically underprivileged more positions at work. this however in a few instances, would lead to someone being hired because of their race, rather than skillset. Theres ongoing anti sentiment who fully believe that anything with DEI has made a company gone downhill (with basically 0 evidence, or very anecdotal evidence proving so)
Constitutionally, some claim it to be unconstitutional because of the 14th amendment that states:
“No state shall…deny to any person within its jurisdiction the equal protection of the laws.”
as the idea of affirmative action, or DEI programs bascially give minorities a higher chance of being hired, therefore the idea is that people were not equally protected under law.
basically programs typically put Whites (and Asians in some contexts, tech jobs and universities) at a disadvantage.
personally, i think most of it is hubabaloo, and most companies know(or should know) the minimum requirement they are looking for out of an employee since most of them already want the cheapest person in the building regardless of race. I just think the argument that they wont hire the best person suited for the job a fallacy, as if they were THAT good, then they would never get passed up to fill some racial quota. No one is going around for example passing up on Jim Keller (cpu architecture guru) over a minority designer who has little experience. for the jobs that require the best, a company will look for it regardless.
I want to add that while I agree that in most companies “most of it is hubabaloo” and the companies just hire qualified people, there are some loud and visible examples of blatantly unqualified people getting a position with only apparent qualification being pronouns in their bio. For example a game developers spokesperson not realizing calling all gamers “insufferable bigoted incels” on social media is not a reasonable way to market a videogame.
So while most companies just call countering biases in hiring DEI, the term DEI for many people is now associated with hiring unqualified people, largely because those rare examples I mentioned being amplified and presented as the norm by right-wingers.
If you ask me, companies should drop the term DEI from their hiring policies and just write them neutrally. Sure, most of the perception of unfairness is probably unfounded, but not all of it. And whether true or not, the perception that the hiring process was not fair by people rejected by the hiring process just builds resentment and builds support for morons like Trump that speak against such policies.
Hiring unqualified people also happens without DEI though and looking at studies on DEI’s impact on productivity it might actually happen more without it in place considering that output usually increases when implementing DEI measures…
A bunch of candidates from diverse backgrounds, the unqualified white dude gets hired out of unconscious systemic racism or out of fear of being flagged as a company with DEI measures in place. Nepotism as well, hire the son of a good employee even though better candidates exist…
Hiring unqualified people also happens without DEI though
Absolutely it does.
looking at studies on DEI’s impact on productivity it might actually happen more without it in place considering that output usually increases when implementing DEI measures…
Maybe, but I am sceptical in trusting studies like this, since they are rarely unbiased.
But even assuming it is true, making these policies obvious and giving them a name (DEI) creates an easy target to point at when assholes rouse hate against minorities. So as I said, I don’t think it is worth it in the long term. Plus, it probably also helps create/reinforce the subconscious notion that minorities need help to qualify for jobs, rather than being equal. Appearances matter when trying to win people over.
Because of subconscious notions they do need help to get jobs they’re qualified for. Hell, being bald is a deterrent, being called Kevin is a deterrent, being short is a deterrent to get hired with similar qualifications!
Hiring on merit means only hiring white men because from birth they have an advantage. Unless you ignore all socio-economic issues people need to deal with throughout their whole lives, hiring based on merit only makes no sense, sometimes you have to give a chance to people you wouldn’t naturally give a chance to in order to break centuries old practices. Maybe in a thousand year a black kid will have exactly the same opportunities as a white kid, but it’s not the case now.
Or you could do the reasonable thing and instead of hiring less qualified people, you can sponsor DEI training programs, scholarships, and followup internships. Help them become qualified.
Can someone smarter than me (I know, it’s a low bar) explain how DEI is unconstitutional? Especially when it comes to private enterprises like Apple and Costco?
Edit: okay, I found a decent article that lays it out. While I agree with the basic premise, I know its effect won’t be more equality.
My understanding is it’s basically pulling the uno reverse card to suggest it’s anti-white behaviour.
“I got passed over for a promotion cause they needed another minority manager instead of a white one” type stuff
I’m not American so no idea what your constitution says.
DEI is basically “you know that thing we do where we only hire from the old boys club at our favorite ivy league university? Let’s hold off on that.”
Companies benefit from DEI policies because they expand their hiring pool, so the company ends up with better talent. They’re still aiming to hire the best out of that pool, of course. Companies are motivated by profit, not by reparations.
Its effect will be more equality. Unfortunately that is not a good thing for the old boys club, which is what motivates the FUD and disinformation you’ve heard regarding DEI as a buzzword.
the whole DEI inititive generally is to get people who historically underprivileged more positions at work. this however in a few instances, would lead to someone being hired because of their race, rather than skillset. Theres ongoing anti sentiment who fully believe that anything with DEI has made a company gone downhill (with basically 0 evidence, or very anecdotal evidence proving so)
Constitutionally, some claim it to be unconstitutional because of the 14th amendment that states:
as the idea of affirmative action, or DEI programs bascially give minorities a higher chance of being hired, therefore the idea is that people were not equally protected under law.
basically programs typically put Whites (and Asians in some contexts, tech jobs and universities) at a disadvantage.
personally, i think most of it is hubabaloo, and most companies know(or should know) the minimum requirement they are looking for out of an employee since most of them already want the cheapest person in the building regardless of race. I just think the argument that they wont hire the best person suited for the job a fallacy, as if they were THAT good, then they would never get passed up to fill some racial quota. No one is going around for example passing up on Jim Keller (cpu architecture guru) over a minority designer who has little experience. for the jobs that require the best, a company will look for it regardless.
I want to add that while I agree that in most companies “most of it is hubabaloo” and the companies just hire qualified people, there are some loud and visible examples of blatantly unqualified people getting a position with only apparent qualification being pronouns in their bio. For example a game developers spokesperson not realizing calling all gamers “insufferable bigoted incels” on social media is not a reasonable way to market a videogame.
So while most companies just call countering biases in hiring DEI, the term DEI for many people is now associated with hiring unqualified people, largely because those rare examples I mentioned being amplified and presented as the norm by right-wingers.
If you ask me, companies should drop the term DEI from their hiring policies and just write them neutrally. Sure, most of the perception of unfairness is probably unfounded, but not all of it. And whether true or not, the perception that the hiring process was not fair by people rejected by the hiring process just builds resentment and builds support for morons like Trump that speak against such policies.
Hiring unqualified people also happens without DEI though and looking at studies on DEI’s impact on productivity it might actually happen more without it in place considering that output usually increases when implementing DEI measures…
A bunch of candidates from diverse backgrounds, the unqualified white dude gets hired out of unconscious systemic racism or out of fear of being flagged as a company with DEI measures in place. Nepotism as well, hire the son of a good employee even though better candidates exist…
Absolutely it does.
Maybe, but I am sceptical in trusting studies like this, since they are rarely unbiased.
But even assuming it is true, making these policies obvious and giving them a name (DEI) creates an easy target to point at when assholes rouse hate against minorities. So as I said, I don’t think it is worth it in the long term. Plus, it probably also helps create/reinforce the subconscious notion that minorities need help to qualify for jobs, rather than being equal. Appearances matter when trying to win people over.
Because of subconscious notions they do need help to get jobs they’re qualified for. Hell, being bald is a deterrent, being called Kevin is a deterrent, being short is a deterrent to get hired with similar qualifications!
According to AI, not having a bookshelf in the background of a video call is a deterrent.
But why not do blind remote interviews or similar neutral policy? DEI doesn’t help any of the people you mentioned.
“Our new fairness in hiring program ensures we hire strictly on merit by eliminating human biases using cutting edge technology.”
You can’t argue against that. Compare that with random DEI selling pitch and tell me you don’t see how DEI is unnecessarily divisive.
Hiring on merit means only hiring white men because from birth they have an advantage. Unless you ignore all socio-economic issues people need to deal with throughout their whole lives, hiring based on merit only makes no sense, sometimes you have to give a chance to people you wouldn’t naturally give a chance to in order to break centuries old practices. Maybe in a thousand year a black kid will have exactly the same opportunities as a white kid, but it’s not the case now.
Or you could do the reasonable thing and instead of hiring less qualified people, you can sponsor DEI training programs, scholarships, and followup internships. Help them become qualified.