Earlier quoted context omitted.
It is absolutely illegal. It violates the Civil Rights Act of 1964, which: > outlaws discrimination based on race, color, religion, sex, and national origin. https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964 Yes, that's the same act that makes it illegal to discriminate against racial minorities, women, religions, etc. Discrimination based on race is illegal, pure and simple. Hiding it under nice names like "aff…
De jure illegal, sure, but we all know it's de facto required for institutions of a certain size. Laws are only as good as the enforcement.
Twilio to lay off 11% of workforce
391–400 of 514 posts
Re: Twilio to lay off 11% of workforce
#392Earlier quoted context omitted.
And ignoring it altogether is better? I don't have a magical solution, but I also am not going to flip out everytime a private company chooses to give some type of minor preferential treatment to historically underprivileged groups to attempt to balance out systemic inequities. I can't say with complete confidence one way or the other if Twilio's policy is right or wrong but I can say with confidence a lot of the cri…
If there is an unfairness in obtaining opportunity, either lack of education opportunity or whatever, that seems like the right thing to address. Not at the end of the process and then trying to tilt things.
A major problem should be tackled in all of the areas where there is injustice. The beginning, the end and the middle.
Re: Twilio to lay off 11% of workforce
#393Earlier quoted context omitted.
This creates three problems. The first is that some white people who were affected will believe it was because of their race. The second is that minorities who were not affected may be assumed to have been kept because of their minority status. But the most harmful is for minorities who were laid off. That signals that they were really subpar, even more than the average laid off person. It seems like this policy has…
But is it plain illegal. For employment purposes Race is a protected class (at least in USA) and racial discrimination while hiring or firing violates federal law. How would they get away with this?
I agree the implication seems very much like an intended 'affirmative'/'positive' action role-selection policy though. (I think such things are stupid - whether hiring/firing/anything - and bad for everybody, but I am white, so I try to keep that a 'lightly held' opinion.)
In the UK the law is similar to your description, but large companies also have to publish stats, and the implication seems pretty much like quotas are good/the law, it's hard to imagine anyone/entity being found guilty of (as-written) illegal discrimination on the 'positive' side that tilts you more towards balance, IMO. (IANAL.)
Re: Twilio to lay off 11% of workforce
#394Earlier quoted context omitted.
>If you're affected by layoffs described this way, you then question whether that was because of who you are. I mean, this isn't a question. They're saying it outright. When picking who to layoff, race was a factor. If you don't like it, take it up with people making those decisions.
It is still a question. There could people who are clearly not performing and then are let go that just so happen to not be a part of the "protected group". People are not being let go because of who they are, it's just a part of the calculus. It may not be the significant factor.
The argument seems to be "a little discrimination is okay". So, I guess the question would be, what is an acceptable coefficient for the race variable, for it to be okay?
"Part of the calculus" implies there is a specific point at which racial discrimination stepwise goes from bad to not-bad, and I'm curious what that weighting value is.
Obviously if I institute a total no-blacks policy, that's a problem. But what if I only mark down black people, say, 20%? Are EEOC investigators going to rubber-stamp my racist employment decisions then?
Re: Twilio to lay off 11% of workforce
#395Earlier quoted context omitted.
“We avoided firing people who aren’t white” vs “we preferred firing people who are white.” This school of thought purports to agree that harmful impact supersedes good intent. They just refuse to recognize the individual as the ultimate minority.
Or, more charitably, "We avoided laying off racial/oppressed minorities for racist/bigoted reasons"
Imagine a company writes, "We avoided laying off Latino men for racist or bigoted reasons." But not Latino women? But not African Americans? What is the message behind limiting this assurance of non-discrimination to a particular group?
I agree that people interpreting this as Twilio announcing that it explicitly discriminated against non-oppressed groups are reading way too deep into it. But it was a pretty dumb thing to put in a layoff note.
Re: Twilio to lay off 11% of workforce
#396Earlier quoted context omitted.
Isn't affirmative action in hiring legal? Seems like this is just the same thing but for layoffs.
It is absolutely illegal. It violates the Civil Rights Act of 1964, which: > outlaws discrimination based on race, color, religion, sex, and national origin. https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964 Yes, that's the same act that makes it illegal to discriminate against racial minorities, women, religions, etc. Discrimination based on race is illegal, pure and simple. Hiding it under nice names like "aff…
Check out the section Discrimination v. Affirmative Action [1] and a sample of significant discrimination case outcomes.[3]
[1] https://www.eeoc.gov/laws/guidance/cm-607-affirmative-action
[2] https://www.dol.gov/agencies/ofccp/faqs/practical-significan...
[3] https://www.eeoc.gov/initiatives/e-race/significant-eeoc-rac...
Re: Twilio to lay off 11% of workforce
#397Earlier quoted context omitted.
I'm pretty sure if you are white and laid off, you will have a pretty strong case for a lawsuit. I can't believe someone in legal wouldn't warn the leadership that putting out a press release stating this was a good idea.
This is San Francisco. When I worked there (2015-2020), most of my co-workers openly endorsed hiring bias against demographics that aren't considered "diverse". I'd be highly skeptical that a jury would side with a plaintiff alleging anti-white discrimination, no matter how solid the proof. If a community widely thinks activity that is de jure illegal should be allowed then it becomes de facto permitted because even…
Again, this was a small company. Every person mattered. Every talented hire advanced the company, and every talented departure put us at risk.
Even now at the big company I work for, the small team sizes mean each dev either contributes or drains. We even have an informal budget of how much we expect contributors go drain/gain (junior devs can drain for a while, senior devs make up for it, etc).
The sort of “anti-racist” methodology suggests a mindset I don’t quite get.
Every company I know of has an extemee backlog. Product isn’t getting shipped because there aren’t enough devs.
Are people seriously saying it’s ok their company doesn’t ship as much product if it benefits historically oppressed devs?
Re: Twilio to lay off 11% of workforce
#398Earlier quoted context omitted.
The issue is that the layoff will disproportionately affect protected groups. Engineering is disproportionately male, east asian, south asian, and white. Companies with explicit diversity targets make up for this by compensating in other company orgs (HR, marketing, sales, admin) making them disproportionately female, black, and hispanic. This means when you keep good engineers but lay off HR, marketing, sales, and a…
Obviously the answer is to fire the expensive engineers (keep a skeleton crew for maintenance and bugfixes) and keep the sales & marketing folks. If 20 years working in engineering has taught me anything it's that sales and marketing is where the real money is made.
For the company, this is a curse in good times, and a blessing in bad times.
Re: Twilio to lay off 11% of workforce
#399Earlier quoted context omitted.
This is San Francisco. When I worked there (2015-2020), most of my co-workers openly endorsed hiring bias against demographics that aren't considered "diverse". I'd be highly skeptical that a jury would side with a plaintiff alleging anti-white discrimination, no matter how solid the proof. If a community widely thinks activity that is de jure illegal should be allowed then it becomes de facto permitted because even…
I worked in SF during the same time period, at a small startup. There would have extreme fury at the idea of hiring/firing based on anything but ability. Again, this was a small company. Every person mattered. Every talented hire advanced the company, and every talented departure put us at risk. Even now at the big company I work for, the small team sizes mean each dev either contributes or drains. We even have an in…
The irony is that most "oppressed" people hired at the companies we very well off. I'm Latin myself (a fact I don't advertise in my workplace precisely because of this discrimination) and I had a very privileged upbringing. Same with another Trinidadian engineer I spoke with. So in the end, it was a bunch of privileged white people patting themselves on the back for hiring privileged Latin and Black people.
Re: Twilio to lay off 11% of workforce
#400Earlier quoted context omitted.
Well, where exactly are you on the RGB scale? This a strict 8 bit operation. If you expect HDR level fidelity here, just move along.
Depends on the time of year. During the winter I trend toward toasted marshmallow but during the summer with ample sun I'm somewhere between Obama and Denzel.
But seriously since we're talking about skin color, all kidding aside, (and you're probably already aware of this) skin cancer rates vary dramatically by race:
https://www.cdc.gov/cancer/uscs/about/data-briefs/no9-melano...