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L.A. judge rules LGBT corporate diversity law unconstitutional

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Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#82
post #30

While I think this is probably the right decision (I’m no constitutional scholar or lawyer though, to be fair), it does bring up the question of why boards and C-suites are still pretty homogeneous, when most research supports the idea that diverse boards and executive teams perform better in the market. And that’s not even considering the fact that I believe our society (including our companies) has a moral imperati…

IMO, one factor is that women are still the ones to bear children, and legislation, diversity guidelines, and complete elimination of prejudice aren't going to change that. Several women I know have said that after having children, their priorities changed instantly. Some tried to go back to work for a while, but in the end could not handle being separated from their baby. My sister is an example: she's a CPA, tried to go back to work, but ended up starting her own practice and working from home. She did this through both of her kids' childhoods, so a good 24 years.

I'm not saying there is no prejudice against women or other minorities. Only that it's not easy to look at statistics and conjure up always-correct reasons behind the statistics.

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#83

Earlier quoted context omitted.

Which column identifies how hard people in any of these demographics worked to achieve this outcome?

You want to attribute different outcomes to differences in behavior by race? In this case, you're saying that Jewish students are 11x more hard-working than Hispanic ones, and Asian students are 6x more hard-working than Black ones? Which other racial disparities do you attribute to differences in behavior?

As a sibling reply said, I'm not making an argument. I'm asking for the relevance of your reply to the statement you replied to. I think there are a lot of confounding factors to the data you presented, so personally consider it to hold very little value on its own. You're the one who seems to draw meaning from it.

So, what meaning do you draw from it? What explanation do you have for these discrepancies? How do they relate to what you replied to?

In other words, show your work.

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#84

The difficulty here is the collision between explicit discrimination by the state (prohibited in this case by the CA constitution) and de facto discrimination by private actors (see the significant under-representation of many different demographic groups in positions of power and wealth). CA sought to use the power of the state to legislate some private behavior to reduce the negative impact of de facto discriminati…

Assuming discrimination exists in order to justify discriminatory policies in response is a doozy of a begging the question fallacy.

> What argument is there to explain the underrepresentation that doesn't ultimately confirm that it is actually discrimination?

There are myriad reasons applicable to different groups. Age and immigration status are big ones. Almost all of the so-called “bamboo ceiling” (the theory that Asians are underrepresented in management and board positions) can be explained by the fact that the older cohorts from which board members are drawn typically have a lot fewer Asians than the 6-7% average for the overall population, and the fact that most Asians are first generation immigrants and many don’t speak English fluently or lack US citizenship.

Similarly for Hispanics, a lot of disparities are simply due to recency of immigration. Lots of Hispanics are recent immigrants from very poor countries who come here for economic reasons. Within a couple of generations, however, Hispanics more or catch up to native born whites: https://academic.oup.com/qje/article/135/2/711/5687353.

A lot of these “lack of proportionality proves discrimination” arguments are just lazy and don’t compare like with like.

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#86
post #56

I have an honest question.. regardless of your gender, sexuality, or race; if you are a competitive person and want to work your way up the corporate ladder to lead, how would you feel if this law (and others like it) existed and "othered"[1] you? If you know the amount of work it takes to get that position, yet instead you're brought in to fulfill some quota, would you be satisfied with that? I'm asking the people w…

You should survey people who got legacy admits to business schools about the pain of having success made easier, and then survey some members of underrepresented groups about discrimination they have experienced in the current day and the current society.

The issue here is that people from over represented groups have historically and presently received an unearned lift to their prospects of success, and everyone else has the complementary push against them. Trace this back to the families of one taking wealth in the past from the families of the other one or not, your question is very discordant from the reality of our society.

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#87
post #32
post #2

This seems like the right decision (and I'm saying this as an LGBT person). The problem is, it just doesn't seem like legislation is the right instrument for promoting diversity in boardrooms. But what is the right mechanism? I anecdotally recall studies that found organizations with greater diversity deliver better financial results, and that public companies have a responsibility to their shareholders. It's importa…

I anecdotally recall studies that found organizations with greater diversity deliver better financial results Seems to not make much difference in financial results, either way. Wharton study:[1] [1] https://knowledge.wharton.upenn.edu/article/will-gender-dive...

There's a little bit of a systemic epistemic bias around this- diversity is socially desirable, so positive results are more likely to get published, get into the media, get shared, get remembered.

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#88
post #32
post #2

This seems like the right decision (and I'm saying this as an LGBT person). The problem is, it just doesn't seem like legislation is the right instrument for promoting diversity in boardrooms. But what is the right mechanism? I anecdotally recall studies that found organizations with greater diversity deliver better financial results, and that public companies have a responsibility to their shareholders. It's importa…

I anecdotally recall studies that found organizations with greater diversity deliver better financial results Seems to not make much difference in financial results, either way. Wharton study:[1] [1] https://knowledge.wharton.upenn.edu/article/will-gender-dive...

Maybe GP is thinking about the Gartner research measuring “performance” (can’t recall exactly how they define that though).

https://www.gartner.com/en/human-resources/trends/workforce-...

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#89
post #2

This seems like the right decision (and I'm saying this as an LGBT person). The problem is, it just doesn't seem like legislation is the right instrument for promoting diversity in boardrooms. But what is the right mechanism? I anecdotally recall studies that found organizations with greater diversity deliver better financial results, and that public companies have a responsibility to their shareholders. It's importa…

Since it’s us mathematically minded people here, it’s worth pointing out that these studies don’t establish causation. You’d probably find a strong correlation between financial performance of firms and investment into other social initiatives, such as corporate philanthropy or environmental causes. It’s possible that wealthier and more successful firms are simply better able to afford such investments than less successful firms.

Re: L.A. judge rules LGBT corporate diversity law unconstitutional

#90

Good, sort of a ridiculous law. I'm ignorant so excuse me if this sounds ridiculous, but shouldn't the politicians and law makers be working with communities to create improved outcomes directly instead of signing in laws at random?

Sending teams to white, heteronormative neighborhoods to encourage people to really see the people around them as fully human with differing life experiences?
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