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

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

#163

Earlier quoted context omitted.

Hmm. Without actively taking steps to widen the net and account for those irrelevant attributes, those attributes instead act as the first filter in your hiring process. IMO the process that ignores this is the one that’s not looking for the best developers. In order to make those attributes truly irrelevant we have to correct for the massive, obvious influence they have in human decision making (on both sides of the…

What’s the correct breakdown of software developers by race / gender / etc? I think if we can answer that question we can then accurately assess whether or not those attributes are acting as filters. However, without knowing those breakdowns, taking any action to correct those breakdowns is wrong. We can’t accurately say there is a problem. The best we can do is remove any bias we find at an individual level (ie a bl…

> However, without knowing those breakdowns, taking any action to correct those breakdowns is wrong. We can’t accurately say there is a problem.

You’re arguing a different point. I’m talking about the filter on candidates, not eventual hires. Though of course, people who don’t become candidates will never become hires so there’s a relationship there.

It would be easy to see whether doing X to increase candidate diversity (opening up the filter) led to more diverse hires. Especially combined with blind hiring process or whatever at the individual level. But the individual work alone is not worth much if the candidate pool itself is too limited.

If changing the candidate pool leads to more diverse candidates, and then employees as a whole end up more diverse, it would follow that some of those people brought in at the candidate level out-competed their peers & that the overall standard of hires has increased, or at least is no different.

This is not about a target ratio of employed people. Though I think observations about such ratios compared to the general population and to other similar companies can be informative.

To get at the point you thought I was making though… How I feel about quotas is: they might be an ok temporary measure, especially if managed gently, not “must be a woman” for X role, cause yikes. Hiring is capricious a lot of the time anyway, especially at the margin when there is more than one acceptable candidate and all have different backgrounds and experience. All sorts of stuff will come into play. Good people will still be in demand regardless of their race. But if you lose a couple things because you aren’t from an underrepresented group and another acceptable candidate was, who actually cares. If it wasn’t that, it would be some other nonsense like the guy was the same race as you but supports the same football team as the interviewer, or your interview took place before lunch and the other person’s was after.

Since it’s already capricious and full of coin flips, I don’t care at all that sometimes it’s capricious for a relatively good reason like giving somebody else a shot. Fine.

I disagree completely that we have to be 100% certain about a problem before we take action. We just have to know that, more likely than not, there is a problem, and take measured, cautious steps to address it. To me it would be an extraordinary, mind-boggling, coincidence if it turned out that the status quo was working perfectly to get the best candidates hired.

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

#164

It’s shocking to me how much the courts and executive branch have hollowed out the Civil Rights Act. > It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or natio…

You can have laws on the books. Prosecutors have all the discretionary power: discretion NOT file a case to please their political allies, discretion to file a case using flimsy grounds to seek revenge against their political opponents, etc.

As long as federal prosecutors don't care, "the law of the US" has no teeth.

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

#165

I'd be VERY careful here! Please evaluate YOUR OWN downside risk vs upside risk. Your supervisor has asked you discriminate. Politically, under current administration, almost EVERY enforcement body will not actually take action here even if its clear cut discrimination. Ie, they won't care. Out in the job market, if you are anti-diversity / take any steps to undermine a diversity initiative - that can follow you now…

> I'd be VERY careful here! Please evaluate YOUR OWN downside risk vs upside risk.

+1. I work in a senior engineering role at a large tech company. While not a HM, I have been in similar situations to OP - where apparent EEOC violations are casually discussed and documented. I would never comment on or report these issues, though I have saved some "evidence" just in case it’s needed. It’s literally all downside risk to engage in the subject matter. At this point the goal is to get to retirement/FI/downshifting in a few years without being irradiated by these issues.

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

#167
post #73

"must be female" Yes? It's illegal. This instruction removes the chance of any other member type of that protected class from being hired. You can report it to the NLRB, FBI/DOJ, or your state AG. You'll have to document everything while being careful not to break any recording/privacy laws. Not sure anything will really be done. Probably just bring hardship on yourself.

Don't report to NLRB, FBI/DOJ, or to the state AG. They will leak to your HR, and ruin your career. NLRB, FBI/DOJ, AGs are just run by politics du jour.

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

#168

WHY DO PEOPLE ASK FOR LEGAL ADVICE HERE? ASK A LAWYER....

"Lawyer" seems to be a synonym for All Seeing All Comprehending God. Lawyers that I have met were mostly clueless, lazy, greedy and caused harm to the client.

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

#169
post #54

Earlier quoted context omitted.

HR only exists to protect the company from liability and lawsuits. Talk to them first at your own risk, and realize that almost no good can come from doing so. At best they will now see you as a 'problem' employee that is asking too many questions, and at worst it could start a chain of actions that lead to your termination or leaving the company (for completely unrelated reasons of course).

> HR only exists to protect the company from liability and lawsuits. Exactly. This is exactly why HR will want to know this is happening. So they can shut it down. A half decent HR department will recognize that this carries major risk of lawsuits, and want it killed. You bringing information to about another part of the company trying to do something illegal doesn't make you a "problem" employee. There are a lot of…

> You bringing information to about another part of the company trying to do something illegal doesn't make you a "problem" employee.

If you’re reading this and are in a similar situation, please don’t accept this advice without further reflection. On this particular topic, it could very well be wrong. If you’ve decided to report it then I’d suggest using your company’s outside anonymous reporting facility if such a thing exists.

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

#170
post #54

Earlier quoted context omitted.

> HR only exists to protect the company from liability and lawsuits. Exactly. This is exactly why HR will want to know this is happening. So they can shut it down. A half decent HR department will recognize that this carries major risk of lawsuits, and want it killed. You bringing information to about another part of the company trying to do something illegal doesn't make you a "problem" employee. There are a lot of…

> You bringing information to about another part of the company trying to do something illegal doesn't make you a "problem" employee. If you’re reading this and are in a similar situation, please don’t accept this advice without further reflection. On this particular topic, it could very well be wrong. If you’ve decided to report it then I’d suggest using your company’s outside anonymous reporting facility if such a…

I feel like people are treating this differently than I'm saying it. I'm not saying you go in there, and announce your whistle blowing on discrimination. I'm saying pop by someone's office, go "hey I got this document from Bob, I'm not really qualified to judge, is this kosher?"

99% chance they say no, they'll handle it. 1% chance they say yes, it's fine. If you hit that 1%, don't argue it, lawyer up or decide this isn't your hill.

If you really live in an office so punitive that you think HR (not your boss) is going to come down on you for a casual question and accepting their answer, your already so screwed that no amount of playing things close to your chest is going to help you. You need to already be on your way out because your office is so wild you can't predict when the boot is coming. If you are in this office, you probably already know it, because everything is already broken, and aren't posting "Ask HNs" about it.

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