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Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

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Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#1
I work in an engineering department at a tech company in the USA. I've worked on many hiring projects over the years but the latest project is different to the others.

In the spreadsheet that lists all the open positions, there's a new column next to open positions with DEI comments. It has a line like this:

Senior Software Engineer (must be female)

If I follow this spreadsheet and exclude male applicants, then would I break any laws? Or if not laws, then would I violate other regulations or ethical standards in the industry?

I ask because my understanding of anti-discrimination law is that there are certain classes of people that cannot be excluded from job openings. Things like sex and race.

If this is illegal then what's the right way to handle this? Are there other ways I should think about this besides legal/illegal or ethical/unethical? Does region or state within the USA matter?

A little more context:

As a SSE I would do interviews or screen candidates but now in a Sr Manager role I'm more involved in the early planning and management of the process. In the first meeting where I saw the comments I said nothing. I followed up a few days later with an email to VP eng to say I opposed. 2 days after that I had a call with VP eng where I raised the issue again and they insisted that the requirement remain. I've taken no more action after that.

Re: Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#2
I would hope/think that the company's leader(s) consulted their attorney before instituting an objectively discriminatory practice. You might ask about that -- but if you're not a principal of the company, they don't necessarily have to answer your question (honestly).

Re: Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#4
What's your motive here? Are you planning to leave the company if this escalates?

I'm asking because if you want to "take them down" you totally can. Capture evidence and involve an employment lawyer. But what is in it for you? The lawyer will get paid handsomely. What about you? I don't think you're particularly damaged by this to ask for damages.

Re: Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#6
post #4

What's your motive here? Are you planning to leave the company if this escalates? I'm asking because if you want to "take them down" you totally can. Capture evidence and involve an employment lawyer. But what is in it for you? The lawyer will get paid handsomely. What about you? I don't think you're particularly damaged by this to ask for damages.

I'm reading OP as wanting to figure out what the consequences to them might be if they go along with this.

Re: Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#7
A quick web search finds some answers. eg

https://www.spigglelaw.com/employment-blog/employers-affirma...

""" Title VII prohibits employers from making employment decisions because of an individual’s skin color, national origin, sex, religion, or race. Therefore, it is illegal to give an applicant an advantage solely because of the applicant’s race. However, this is not always the case.

Under United Steelworkers of America v. Weber, an employer may voluntarily implement its own affirmative action plan. However, this is permissible only if the purpose is to remediate past failures to hire minority employees in areas that contain few minorities.

Under Executive Order 11246, certain government contractors must have affirmative action policies to identify instances where they are not hiring qualified minorities. Contractors can take steps to fix any such hiring discrepancies.

Despite these two major exceptions, employers may not use affirmative action to hire more minority employees solely to increase the diversity of their workforce. As a result, the Fisher case only applies to schools, not employers.

"""

So, uh, it depends.

Re: Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#8
post #7

A quick web search finds some answers. eg https://www.spigglelaw.com/employment-blog/employers-affirma... """ Title VII prohibits employers from making employment decisions because of an individual’s skin color, national origin, sex, religion, or race. Therefore, it is illegal to give an applicant an advantage solely because of the applicant’s race. However, this is not always the case. Under United Steelworkers of A…

Well that clears things up!

Re: Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)

#9
post #4

What's your motive here? Are you planning to leave the company if this escalates? I'm asking because if you want to "take them down" you totally can. Capture evidence and involve an employment lawyer. But what is in it for you? The lawyer will get paid handsomely. What about you? I don't think you're particularly damaged by this to ask for damages.

I have thought about leaving. My first goal is to confirm that I really understand what I'm observing. I don't want to resign because of a legal issue only to discover later that it's not actually illegal and I misread the situation.

I have no animosity for the company or the leaders. No desire to "take them down" or cause any drama. But avoiding drama definitely wouldn't be a reason to do something illegal imo.

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