Or you stop trying to force blacks into the job and hire whoever applies and is the most qualified. This way people don't die just so leftists can feel satisfied.
The problem, of course, is that due to "disparate impact" doctrine, this (and colourblind hiring in general) is de facto illegal, and DEI scale-tipping is de facto mandatory (even though it's almost always de jure illegal).
Large American employers basically all face the same double bind: if they do not disriminate in hiring, they almost certainly will not get the demographic ratios the EEOC wants, and will get sued successfully for disparate impact (and because EVERYTHING has disparate impact, and you cannot carry out a validation study on every one of the infinite attributes of your HR processes, everyone who hires people is unavoidably guilty all the time). But if they DO discriminate, and get caught, then that's even more straightforwardly illegal and they get sued too.
There is only one strategy that has a chance of not ending you up on the losing end of a lawsuit: deliberately illegally discriminate to achieve the demographic percentages that will make the EEOC happy, but keep the details of how you're doing so secret so that nobody can piece together of the story to directly prove illegal discrimination in a lawsuit. (It'll be kinda obvious it must've happened from the resulting demographics of your workforce, but that's not enough evidence.) The FAA here clearly failed horribly at the "keep the details secret" part of this standard plan.
Curious to see if "disparate impact" criteria gets softened, i.e., impose requirement to find "intentional bias" (c.f. status quo)
What I think is weird is how many firms have this reason, but do it for other stated reasons and don't simply state this compliance nuance. I figure more people would accept your "paragraph three strategy" as an acceptable means to a required end. Maybe this threat is more of a "what if" that has lower probability of enforcement so in practice, getting hunted for this is not that likely.
Having been on the (explicit) receiving side of this - you just don’t fill the other positions until you find the right candidates (where right is whatever criteria you can’t say out loud - though has been said out load often in the last few years).
Alternatively, this is a way for your boss to meet budget targets while not explicitly laying people off, and giving hope to people that help is coming.
Advertising your jobs to more people (including black ones) might help you find more candidates. If you're not finding enough candidates AND you're only finding white candidates, something is wrong, innit? There are all those people who aren't white who might be candidates who for some reason you're ignoring.
How long do you go before you call it quits, and how many white candidates do you need to pass over before you find ‘enough’ black candidates? What consequences need to happen with all those unfilled roles before it is ‘enough’?
Especially since the market of people willing to work the job AND take the pay AND work in the area is not infinite.
We’re talking about a group which went out of its way (apparently) already to recruit folks with the specific colors they wanted + these other criteria.
Don’t forget, everyone else in the country has been having similar constraints and has been trying to do the same thing near as I can tell.
Why do you think they were sharing test answers (it seems), and still only got x candidates in?
And also, doesn’t this entire thing seem actively unfair and racist (albeit to everyone except the chosen minority) instead of what at worst was perhaps a passively unfair and racist situation before? (Albeit to everyone except the majority)
How is that actually any better, except that it pisses off the majority instead of the minority?
Seems like a good way to lose elections, frankly. Or have a majority of the population angry at every minority out there.
Because if your hiring numbers (and workforce composition) don’t line up with what the gov’t expects (applies even more to the gov’t itself) then as a hiring manager you’re in deep shit.
Straight from the president up until Trump (for many administrations), affirmative action is required.
And what the gov’t expects is that your workforce composition aligns with the population as a whole, percentage wise.
