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PaperclipPerfector  2yr ago (text post)   29943 thread views

Culture War Roundup for the week of May 29, 2023

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The Supreme Court is expected to rule in June on Students for Fair Admissions v. President and Fellows of Harvard College, and is expected to strike down racial preferences in college admissions. The looming decision is starting to worry people in the DEI industry.

This Supreme Court case could spell the beginning of the end for affirmative action. It’s a looming crisis for corporate America (use reader mode to unmask the article. Paywalled version here).

Gillard and her colleagues in DEI are bracing for a crisis. Gillard created Factuality, a 90-minute interactive game and “crash course” in structural inequality that has been used as an employee-training tool at companies such as Google, Nike, and American Express, as well as at Yale University, among others. Factuality has seen an uptick in demand in recent years, but Gillard is under no illusions about why companies hire her: “I really feel that there are people who participate in these programs and initiatives because it’s required and mandatory,” she tells Fortune, “and that with this decision they’re just emboldened to stop.”

There's some funny stuff in the article too, for anyone who's wise enough to not bring up politics or religion at work:

It’s crucial, too, for companies to diligently vet public statements related to diversity initiatives. For example, in today’s climate, making public promises that a company’s board will be 25% female could create a legal vulnerability, Bryant, the McGlinchey Stafford lawyer, says. “Sometimes messages that are very well intended can get an organization in hot water if it’s not necessarily done and crafted in the right way.”

That’s a lesson several of Carter’s clients learned last year after announcing plans to pay for employees’ travel costs if they have to cross state lines to get abortions following the overturning of Roe v. Wade. Instead of just applause, they faced controversy and complaints.

“There were employees who said, ‘This goes against my values, and I am upset that you would be seen as a company supporting abortion,’ ” Carter says. “A lot of clients said, ‘We thought we did the right thing. But now these people are upset.’ ”

If the legal landscape does change, this is a chance to empirically test Richard Hanania's thesis that Woke Institutions is Just Civil Rights Law. If the majority of woke supporters (at least within institutions) are supporters only because of civil rights law, then support for wokeness could turn pretty quickly.

I would be happy to let corporations discriminate at will, as long as there's no law requiring them to discriminate in a particular direction. Let woke capital duke it out with meritocratic techbros and see which kind of company performs better. There's a lot of iffy research out there claiming that diversity has benefits for team performance etc. but this would be the true test. I'd expect the equilibrium to be a diversity of companies with different hiring policies based on their company goals and the purpose of each job role. Maybe for engineers and accountants meritocracy is best, while for public-facing roles the workers should be chosen by their appeal to customers, including by matching customers' race and other currently-protected characteristics.

If the legal landscape does change, this is a chance to empirically test Richard Hanania's thesis that Woke Institutions is Just Civil Rights Law.

Affirmative action is legal permission to reverse-discriminate, not a requirement to reverse-discriminate. Companies are already able to compete on hiring policies just by saying "we don't have affirmative action at this company". There are laws which require companies to racially balance when they wouldn't want to otherwise, but these laws aren't affirmative action, and won't be affected by getting rid of affirmative action.

The EEOC has gotten many companies to agree to settlements merely for disparate impact: https://www.google.com/search?q=disparate+impact+eeoc+settlement

Here's one example: https://www.eeoc.gov/newsroom/dollar-general-pay-6-million-settle-eeoc-class-race-discrimination-suit

CHICAGO - Major retail chain Dollar General will pay $6 million and furnish other relief to settle a class race discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, Dollar General, the largest small-box discount retailer in the United States, violated federal law by denying employment to African Americans at a significantly higher rate than white applicants for failing the company's broad criminal background check.

Employment screens that have a disparate impact on the basis of race violate Title VII of the Civil Rights Act of 1964, unless an employer can show the screen is job-related and is a business necessity. The EEOC filed suit in U.S. District Court for the Northern District of Illinois in Chicago (EEOC v. Dolgencorp LLC d/b/a Dollar General, Civil Action No. 13 C 4307), after first attempting to reach a voluntary settlement through its conciliation process.

The three-year consent decree settling the suit, signed by U.S. District Court Judge Andrea Wood, requires that Dollar General pay $6 million into a settlement fund which will be distributed through a claims process at the direction of the EEOC to African Americans who lost their chance at employment at the company between 2004 and 2019. If Dollar General chooses to use a criminal background check during the term of the decree, the retailer must hire a criminology consultant to develop a new criminal background check based on several factors including the time since conviction, the number of offenses, the nature and gravity of the offense(s), and the risk of recidivism. Once the consultant provides a recommendation, the decree enjoins Dollar General from using any other criminal background check for its hiring process.

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