[HN Gopher] Are Race-Based Firings Legal? Twilio's About to Find...
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       Are Race-Based Firings Legal? Twilio's About to Find Out
        
       Author : prostoalex
       Score  : 81 points
       Date   : 2022-09-16 16:07 UTC (6 hours ago)
        
 (HTM) web link (www.piratewires.com)
 (TXT) w3m dump (www.piratewires.com)
        
       | throwaway894345 wrote:
       | > I am no great fan of the U.S. Equal Employment Opportunity
       | Commission, which enforces Title VII in the workplace. I will not
       | defend its activities, now or ever. I also happen to think that
       | Title VII and the idea of disparate racial impact it spawned,
       | have been very corrosive to American legal traditions -- for
       | example, it is possible for plaintiffs in civil rights suits to
       | ignore a respondent's intent and argue discrimination based on
       | disparity alone. That makes it very difficult to run companies on
       | merit, because any unintentional "disparate impact" against a
       | protected class (or even perceived disparate impact) could be
       | cause for harassment by the EEOC, which files thousands of suits
       | annually. But if there were ever a slam dunk case of race-based
       | labor discrimination, admitted to in official communications,
       | this is it. I mean, come on; they're bragging about it!
       | 
       | I think the way Title VII has contributed to a competitive DEI
       | culture is under-discussed. Specifically, because the EEOC has
       | this unfalsifiable notion of discrimination, it drives companies
       | to compete on "seeming undiscriminatory" (because each company
       | has to show that it is doing better than the median, which has a
       | "no child left behind" effect of raising the median) which mostly
       | amounts to increasingly ridiculous shenanigans while trying to
       | meet the standard set by the letter of the law. For example, the
       | structure of EEOC Title VII inquisitions pressures companies to
       | search extra hard to hire diverse candidates from a fixed size
       | pipeline (the only way to make this work is to relax
       | qualification requirements while pretending qualification
       | requirements aren't relaxed, and maybe to fire any employees who
       | fail to play along), but they can only go so far before they run
       | up against the letter of the law which prohibits them from, say,
       | openly firing people for their race.
       | 
       | EDIT: Of course this submission got flagged. :eye-roll:
        
         | evilsnoopi3 wrote:
         | > For example, the structure of EEOC Title VII inquisitions
         | pressures companies to search extra hard to hire diverse
         | candidates from a fixed size pipeline (the only way to make
         | this work is to relax qualification requirements while
         | pretending qualification requirements aren't relaxed, and maybe
         | to fire any employees who fail to play along), but they can
         | only go so far before they run up against the letter of the law
         | which prohibits them from, say, openly firing people for their
         | race.
         | 
         | This assumes worker pipelines are fixed which, practically,
         | they aren't. You can increase flows to the pipeline by
         | increasing outreach or incentivizing attainable qualifications.
         | You can also seek trainees rather than day 1 contributors,
         | which admittedly _is_ "relax[ing] qualification requirements"
         | but has the trade-off of providing more purpose-fit employees
         | when they do start contributing.
        
           | throwaway894345 wrote:
           | I think the pipelines are pretty inelastic when you consider
           | that most companies are competing to hire "diverse"
           | candidates from the pipeline and the limits of the sort of
           | training you propose (training might work for candidates who
           | are already pretty well educated and highly interested and
           | motivated to serve in an entry-level position, but you're not
           | likely to have broad success training high school graduates
           | for senior level engineering positions). Consider how much
           | time, money, and energy FAANG companies have spent for so
           | little difference in their demographics.
           | 
           | Moreover, the point of my comment was how the EEOC's notion
           | of discrimination is pretty much "whatever we think is
           | discrimination", so companies have to compete to _appear_ not
           | to discriminate, which manifests as increasingly giving
           | preferential treatment to minorities without actually running
           | afoul of the law as interpreted by the courts. So even if
           | tech companies adopt your suggestions this year, next year
           | they 'll be the standard and companies will have to find
           | something else to stay compliant.
        
       | trention wrote:
       | Race-based firings are illegal and every company hires attorneys
       | to cook the process so that it can pass legal muster.
       | 
       | That's the value of fake "diversity" (excluding the only
       | diversity that matters, diversity of opinion - which is
       | effectively forbidden by every large corporation in the states on
       | any topic that is even remotely sensitive).
        
       | colechristensen wrote:
       | This just adds fuel to a really stupid fire. There are real
       | racists and white suprematists out there. By firing people
       | because they're white and pretending it's progressive, you
       | recruit for the actual racists.
       | 
       | Progressive causes have some of the best opportunities right now
       | to win and make actual change. Instead they're alienating people
       | as much as is possible by taking their issues to ridiculous
       | extremes.
        
         | emerged wrote:
        
       | dang wrote:
       | Recent and related:
       | 
       |  _Twilio CEO: Layoffs were carried out through an Anti-Racist
       | /Anti-Oppression lens_ -
       | https://news.ycombinator.com/item?id=32855380 - Sept 2022 (68
       | comments)
       | 
       |  _Twilio promises 'anti-racist' layoffs_ -
       | https://news.ycombinator.com/item?id=32849920 - Sept 2022 (4
       | comments)
       | 
       |  _Twilio to lay off 11% of workforce_ -
       | https://news.ycombinator.com/item?id=32837802 - Sept 2022 (436
       | comments)
       | 
       |  _A message from Twilio CEO Jeff Lawson: 11% workforce cut_ -
       | https://news.ycombinator.com/item?id=32837345 - Sept 2022 (197
       | comments)
       | 
       |  _Twilio cutting 11% - Letter from CEO [pdf]_ -
       | https://news.ycombinator.com/item?id=32837250 - Sept 2022 (104
       | comments)
        
       | thrown_22 wrote:
       | America is such a racist country that even when they try to stop
       | being racist they do it in the most racist way possible.
       | 
       | >You're black and applying to college? You're obviously stupid
       | [0] and we'll add 200 SAT points to your application. Oh no, we'd
       | never add points on means based testing, we'd end up having the
       | poors in Harvard if we did. Why are you asking?
       | 
       | [0] https://www.youtube.com/watch?v=idpevmeoK1A
        
         | atoav wrote:
         | I mean this _might_ have to do with something I would call
         | socioeconomic background more than the color of someone 's
         | skin.
         | 
         | The french philosopher Pierre Bourdieu discribed multiple forms
         | of "capital" any individual can accumulate in order to get
         | successful:
         | 
         | - economic capital (actual money, houses etc)
         | 
         | - social capital (the contacts you have to people who can help
         | you out)
         | 
         | - symbolic capital (your ability to simulate a certain
         | socioeconomic status in a way so others belive you are also
         | from their class of society -- so the way you look, dress,
         | speak, what music you listen to etc)
         | 
         | - cultural capital (the actual knowledge you accumulated by
         | learning, reading, practise etc)
         | 
         | The more any individual has in each of these categories the
         | easier success is going to be for them. Many of these
         | categories have a huge inherited part as well. Even if your
         | parents are poor academics for example they might teach you how
         | to speak a certain upperclass language, have good contacts and
         | cultural capital for example.
         | 
         | Black people in the US have had a (much, _much_ ) worse
         | starting point in all of these capital forms and some of those
         | deficits will effectively bar anybody from that socioeconomic
         | background from studying, even if they are a very talented
         | person.
         | 
         | Quotas like these are the recognition that existing cultural
         | biases are instutionalized and you have to counterbalance them
         | to a degree, just to make them fair.
         | 
         | If you ran a marathon and the guy next to you was not only held
         | back for 30 minutes at the start, but also had to carry a bag
         | of bricks and learn a new language while running (and none of
         | that by his own choice), you'd hardly complain if the guy's run
         | was judged in a different way than yours, or would you?
         | 
         | This is essentially what something like this boils down to.
         | People from a poor socioeconomic background cannot lean onto
         | their or their parents contacts (lack of social capital), they
         | cannot lean on their or their parents money (lack of exonomical
         | capital), they cannot lean on their sophisticated way of
         | expression (lack of symbolic capital) -- they in fact have to
         | learn that new way of expressing themselves if they want to be
         | taken seriously -- and they cannot lean onto their cultural
         | capital as people from rich educated families will naturally
         | have a headstart here as well.
         | 
         | Societies with less steep socioeconomic divides tend to be
         | safer, more productive and happier, so it is only rational.
        
           | inglor_cz wrote:
           | So, if you say that race-based policies are needed to smooth
           | out differences in socioeconomic background, why not abandon
           | them in favor of criteria based on actual _socioeconomic
           | background_ of the involved person? Thus switching a very
           | loose proxy for the real deal?
           | 
           | The current race-based policies consider Obama's daughters
           | "marginalized" and an Ukrainian orphan "privileged". That is
           | sort of awful and illogical.
        
             | atoav wrote:
             | I am all for something like that, where feasible. Ot sure
             | if such a progressive idea would be feasible in the US. I
             | am sorry to say it this bluntly, but that would be like
             | installing the TV set in a house before building a roof or
             | making sure the foundation is not slipping down the hill.
             | 
             | And I agree with your judgment about the observation you
             | made, but I think one can always create better policy in
             | that field, but the perfect should not be the enemy of the
             | good here.
        
         | BoorishBears wrote:
         | It's weird that people who complain about these things don't
         | complain about legacy applications when:
         | 
         | - they're a practice originally designed to keep up out Jews
         | and Catholics (not in a veiled "politically correct" way,
         | that's what they were openly for:
         | https://www.jstor.org/stable/23055549)
         | 
         | - the legacies they uphold were established at a time where
         | blacks couldn't even go to the same schools are whites. Ruby
         | Bridges is in only now her 60s after desegregating a black
         | elementary school. (https://en.wikipedia.org/wiki/Ruby_Bridges)
         | 
         | It really seems if this is about equality in schooling, you
         | wouldn't see one complaint without the other.
        
         | flatiron wrote:
         | Meritocracy has its issues as well. A lot of people got 200
         | points from private schools and tutoring that may not be
         | available to a lot of the disenfranchised.
        
           | telotortium wrote:
           | I would agree, but it's not like Harvard will refrain from
           | preferring black candidates from elite private schools, where
           | the staff definitely know how to direct students to tutoring
           | for SAT, over white students from those same schools.
        
           | pookha wrote:
           | Why should anyone be discriminated against strictly by skin
           | color? That's insane and racist.
        
             | ThrowawayTestr wrote:
             | Equality is out, equity is in.
        
       | dgrin91 wrote:
       | Why is this being flagged? Legitimate question. I'm pretty
       | surprised that the CEO said this. I'm curious what the actual
       | impact of this is.
        
         | telotortium wrote:
         | I vouched because (a) it concerns an important public policy
         | question of direct relevance to the audience of this website,
         | and (b) I learned the EEOC provides guidance on how to do
         | layoffs that might result in disparate impact, guidance that
         | Twilio didn't take at all.
        
         | socialismisok wrote:
         | I flagged it because it's political hot air. One can be
         | suspicious of Twilio and want to know more about what Jeff
         | meant without (as my Aussie friends say) "chucking a wobbly".
        
           | kergonath wrote:
           | I am very suspicious of people who say everyone need to just
           | chill out and ignore a fundamental issue that they personally
           | do not deem fundamental enough. Further comments would be
           | useful indeed, but the document is explicit enough as is.
        
             | socialismisok wrote:
             | What actions did Twilio take, _specifically_ , that you can
             | glean from the expression "with an antiracist lens". That
             | could be anything from "fire white folks" to execs sitting
             | in chairs saying, "this is anti racist, right?" Whole doing
             | nothing different so they can pat themselves on the back.
             | 
             | Unless you think the very concept of antiracism is a
             | problem.
        
               | kergonath wrote:
               | > What actions did Twilio take, specifically, that you
               | can glean from the expression "with an antiracist lens".
               | 
               | It's a dog whistle. You might be familiar with the
               | concept, it is commonly used these days. Like when we
               | rightly reject the hypocrisy of "all lives matter" when
               | uttered by a white supremacist.
               | 
               | Again, this might well be nothing, in which case
               | clarifications would help.
               | 
               | > Unless you think the very concept of antiracism is a
               | problem.
               | 
               | When anti-racism is just racism with a different target,
               | yes, we have a problem.
        
               | socialismisok wrote:
               | Was that the case here? Was antiracism racism in Twilio's
               | layoffs? If you have evidence of this, then I'm happy to
               | concede.
        
               | ThrowawayTestr wrote:
               | Why does Twilio need to perform it's layoffs "with an
               | antiracist lens"?
        
               | socialismisok wrote:
               | Being aware of historical iniquities and looking for
               | places where you are continuing them. It's about acting
               | with intentionality - criticizing yourself and applying
               | multiple perspectives.
        
               | ThrowawayTestr wrote:
               | So being racist but in a _nice_ way.
        
               | socialismisok wrote:
               | Can you explain?
        
               | jericho_jones wrote:
               | Twilio chose to fire people based on race. But it was
               | "the right race" due to "social iniquities"
               | 
               | You're arguing in bad faith which is against HN CoC
        
           | [deleted]
        
           | colpabar wrote:
           | Was that before or after you replied to your own comment
           | complaining about being downvoted?
        
       | atdrummond wrote:
       | All I know is that from the various (now former) Twilio employees
       | I've met this week who are looking for jobs the company lost some
       | immense talent. There are some absolute gems available if you or
       | your business has openings.
        
       | socialismisok wrote:
       | This is a pretty partisan political piece seizing on a sentence
       | fragment at the end of a press release.
       | 
       | I understand the desire to want to know more here, like, what did
       | Jeff Lawson mean specifically?
       | 
       | Call me crazy, but maybe the right thing to do is not get bent
       | totally out of shape over a press release and instead just ask,
       | "Jeff, what did you mean by an antiracist lens? Could you explain
       | more about that?"
        
         | socialismisok wrote:
         | HN morning crowd apparently doesn't like the idea of slowing
         | down and asking for reasoning and data.
         | 
         | The point I'm making is that press releases around layoffs are
         | often rushed, and might not actually represent the whole story.
         | Maybe we shouldnt call someone guilty before they get a chance
         | to elaborate?
        
           | trention wrote:
           | There are only 2 reasons to put this exact wording in your
           | press release:
           | 
           | a) you are extremely stupid
           | 
           | b) you are super woke and are using this as a signalling
           | opportunity
           | 
           | Extremely stupid people sometimes run billion-dollar
           | companies but it's the exception.
        
             | socialismisok wrote:
             | Or, and hear me out, you are trying to be conscious of the
             | fact that layoffs have historically got marginalized
             | communities harder, and you were in a rush to write
             | something that acknowledged that.
        
               | trention wrote:
        
               | socialismisok wrote:
               | There's a long thread in my comment history of me being
               | comfortable having a reasoned discussion about socialism
               | or communism, and how folks tend to dismiss me without
               | making any effort to understand.
               | 
               | I'd be happy to have a discussion here with you as well,
               | if you'd like to engage in some intellectual exchange.
               | 
               | That said, it does seem to me you are applying the same
               | process to both me and this press release - seeing a few
               | words and making some sweeping assumptions about what is
               | behind those words. Let me know if that's not the case or
               | if I've misread you.
        
               | homonculus1 wrote:
               | That was already listed under option b)
        
       | LudwigNagasena wrote:
       | > They could also have just cooked up some ostensibly race-
       | neutral metric that resulted in their desired outcome, [...]! The
       | EEOC even offers advice to business owners on how to arrange such
       | a scheme:
       | 
       | >> If certain groups of employees are affected more than other
       | groups, determine if you can adjust your layoff/RIF selection
       | criteria to limit the impact on those groups, while still meeting
       | your business's needs.
       | 
       | >> For example, you decide to lay off the most recently hired
       | employees due to budget constraints. Female employees account for
       | 30% of your workforce and 85% of the employees scheduled for
       | layoff. Determine whether you can adjust your layoff criteria in
       | a way that allows you to meet your financial goals while also
       | reducing the impact on female employees. For example, you might
       | determine whether alternative layoff criteria, such as employees'
       | profitability, productivity or expertise, would enable you to
       | reach the desired financial outcome and result in the layoff of
       | fewer female employees.
       | 
       | That's nuts. The US government literally suggests companies to
       | cook up fake metrics to achieve desired results.
        
         | hberg5 wrote:
         | that's the EEOC's MO, and the behavior of most bureaucracies
         | like the IRS, they signal extralegal expectations and dare you
         | to challenge them on it, the system working as intended
        
         | ivalm wrote:
         | Not fake but better metrics. There are always many different
         | metrics that are available and the choice of metric is often
         | arbitrary. What EEOC is doing is pointing out that if a metric
         | disproportionally affects some protected category then it is
         | likely a flawed metric for the use case. Again, since there are
         | many different metrics that are available, you can just try
         | another one until you find one that satisfies both your
         | business and diversity needs.
        
         | w0de0 wrote:
         | No, they suggest one be aware that neutral metrics can none-
         | the-less have an impact which may result in a violation of the
         | law and that therefore other - not made up, just other -
         | metrics be used. I take no position here on this law or the
         | quoted guidance, other than to assert that you have
         | mischaracterized them grossly.
        
           | throwaway894345 wrote:
           | I think you're conflating "violating the law" and "violating
           | EEOC doctrine". The law--the civil rights act of 1964--is
           | pretty neutralist. It doesn't make special exceptions for
           | marginalized communities the way EEOC doctrine tries to do.
           | It feels very much like this guidance aspires to violate the
           | spirit of the law while not running afoul of the most
           | generous interpretation.
        
             | pseudalopex wrote:
             | The Supreme Court said accidental discrimination can be
             | illegal.[1]
             | 
             | [1] https://en.wikipedia.org/wiki/Disparate_impact
        
         | throwaway894345 wrote:
         | Agreed. Imagine the IRS publishing guidance for exploiting tax
         | loopholes.
        
           | hotpotamus wrote:
           | Sounds like Paul Ryan's next tax legislation.
        
             | throwaway894345 wrote:
             | Not really, we're talking about executive agencies
             | subverting the laws they were intended to uphold. Paul Ryan
             | is a legislator. But yes, both of our comments do involve
             | taxes, I guess?
        
               | hotpotamus wrote:
               | Ah, so it more like electing Donald Trump (who said that
               | using tax loopholes made him smart) to oversee the IRS
               | then?
               | 
               | I have to say, that ever since I've watched Elon Musk
               | make the SEC figuratively suck his dick (his words - SEC
               | means "suck Elon's cock), I'm not so impressed with our
               | executive agencies, IRS included. I'm thinking their
               | fecklessness might be a feature rather than a bug though
               | regardless of whether it was the legislature or the
               | executive who defanged them; it's been a stated goal of
               | the Republican party for as long as I've been around.
        
               | throwaway894345 wrote:
               | I'm not really sure what axe you're grinding, but I'm a
               | liberal criticizing an illiberal executive agency.
               | Jabbing at Republican politicians probably isn't going to
               | evoke the response you want from me.
        
               | hotpotamus wrote:
               | Ah, I lean more nihilist than liberal or illiberal so you
               | might be looking for more than I've got to give.
        
               | colpabar wrote:
               | all we are looking for is discussion of the article, not
               | tribalistic one-liners about republicans
        
               | hotpotamus wrote:
               | Ah, well in that case, I say that white men had a pretty
               | good run, and if it's time to fire them, then I'm ok with
               | that.
        
       | libria wrote:
       | > > our layoffs [...] were carried out through an Anti-
       | Racist/Anti-Oppression lens
       | 
       | > the Chief Executive of a publicly-traded company seems to have
       | admitted [...] that he conducted race-based layoffs
       | 
       | The opposite. Lawson is trying to say he conducted a completely
       | fair race-neutral layoff. Part of this process included remaining
       | cognizant of any biases against particular races in order keep it
       | neutral.
       | 
       | Whether that's what took place is up to debate, but he certainly
       | didn't claim it was a race-based layoff and saying so without any
       | numbers or even internal anecdotes is dishonest journalism.
       | 
       | I mean, he could omitted the virtue-signalling and everyone would
       | assume it's just your typical recession-layoff that's been
       | trending.
        
         | throwaway894345 wrote:
         | Let's look at the full quote:
         | 
         | > As you all know, we are committed to becoming an Anti-
         | Racist/Anti-Oppression company. Layoffs like this can have a
         | more pronounced impact on marginalized communities, so we were
         | particularly focused on ensuring our layoffs - while a business
         | necessity today - were carried out through an Anti-Racist/Anti-
         | Oppression lens.
         | 
         | This doesn't seem to suggest a concern about biases in the
         | layoff process, it strongly seems like he's arguing that
         | "marginalized communities" depend more on these jobs than
         | "unmarginalized communities". Indeed, if he was talking about
         | biases in the layoff process, why would he say "marginalized
         | communities"? I don't even know what that means in that
         | context. Biases in the layoff process affect the individuals
         | laid off. Of course, it also affects those individuals' broader
         | communities, but factoring those communities into the calculus
         | is the definition of biasing the decision (putting aside the
         | implicit assumption that individuals are necessarily members of
         | race-based communities).
        
         | throwoutway wrote:
         | There's two ends of the spectrum. Everyone thinks this is
         | illegal and takes the pessimistic view, while you're giving the
         | CEO the most optimistic end of the spectrum. Calling the
         | majority of commenters/journalists dishonest when you take an
         | equally strident one-sided view is dissonant at best
        
           | libria wrote:
           | > Everyone thinks this is illegal
           | 
           | I agree that declaring and executing race targeted layoffs
           | should be illegal.
           | 
           | > you're giving the CEO the most optimistic end of the
           | spectrum
           | 
           | No. I think he's honestly trying to say "One particular kind
           | of biased layoff hurts one group more than another kind of
           | bias so I'm trying hard to make sure there's no bias", albeit
           | poorly.
           | 
           | I'm definitely pessimistic that he can achieve this even if
           | his intent is to be completely impartial. There's also a
           | chance he has no intention of being fair which I agree with
           | you should be illegal, but I don't see evidence of that yet
           | and just assuming malice is presumptuous.
           | 
           | Like can the journalist at least dig up 5 X-race guys who got
           | fired and 1 Y-race guy who didn't and then say "see?" Nah he
           | just went straight from Press Release -> Pitchfork mob
           | without any legwork.
        
       | kergonath wrote:
       | That is insane. Firing someone because of their skin colour is
       | racist, by definition. There is no way to present that as somehow
       | "anti-racist". The adjective "Orwellian" is over-used these days,
       | but this literally is "some are more equal than others". Up there
       | in terms of hypocrisy with "freedom is slavery".
       | 
       | Admitting to this in writing is bonkers. I hope they'll get the
       | hundred lawsuits.
        
         | tootie wrote:
         | That's unbelievably obtuse. There are several marginalized
         | groups that are still vastly underrepresented in business.
         | Giving them a modicum of preference in hiring and firing
         | decisions is barely making the gap smaller. In Animal Farm they
         | Orwell was satirizing oligarchy. The oligarchy in America is
         | still very much white and male.
        
           | kergonath wrote:
           | > That's unbelievably obtuse.
           | 
           | How so? A policy that gives better or worse treatment to
           | someone because of a perceived "race" (which is itself non-
           | sense all in the case of _homo sapiens_ ) IS racist. Are you
           | disagreeing with that?
           | 
           | We can argue about whether we like it the way it is, whether
           | it is punching up or down, or whether it is a good kind of
           | racism, but there is no way around the fact that this is
           | racism.
           | 
           | > There are several marginalized groups that are still vastly
           | underrepresented in business. Giving them a modicum of
           | preference in hiring and firing decisions is barely making
           | the gap smaller.
           | 
           | So you are in fact saying that this is a good kind of racism,
           | justified by History and the current socio-economical
           | situation.
           | 
           | > In Animal Farm they Orwell was satirizing oligarchy.
           | 
           | Not at all. The story is about oppressed turning oppressors
           | in the name of some form of ostensibly egalitarian ideology.
           | As has happened countless times through History. It is a
           | warning about what happens when you start using your enemy's
           | weapons: you become the enemy and betray your ideals. We
           | cannot fight racism with racism, or else we just end up
           | another shade of racists.
           | 
           | > The oligarchy in America is still very much white and male.
           | 
           | That is very much a problem. You are not going to solve it by
           | firing white people. This will just give more ammunition to
           | populists.
        
             | tootie wrote:
             | > That is very much a problem. You are not going to solve
             | it by firing white people. This will just give more
             | ammunition to populists.
             | 
             | Yeah, well that's exactly my point. If firing white people
             | isn't going to solve racism, then this isn't exactly the
             | "last straw" before we end up in an upside society. We're
             | still ice skating uphill. And really the populists don't
             | need a lot of ammunition since they're always willing to
             | invent grievances when they can't find a real one. I mean,
             | you're doing it right now. I don't think we should be
             | setting policy based on what the worst people in our
             | society are going to be offended by.
             | 
             | > So you are in fact saying that this is a good kind of
             | racism, justified by History and the current socio-
             | economical situation.
             | 
             | Yeah, basically. You can debate semantics if you want but
             | it's beside the point. The term "racism" generally implies
             | not just racial bias, but bias born of animus. This isn't
             | animus. There's no hatred directed towards white people.
             | There's an implicit assumption at work that laid off white
             | workers will have a much easier time getting hired
             | somewhere else and data says that's true. Especially a
             | place like Twilio that probably employs loads of college
             | graduates with technical savvy.
        
       | olliej wrote:
       | I recognize that racism is a major issue in tech, it's
       | structurally dominated by white men - and while that is slowly
       | changing people (especially larger companies where significant
       | racial biases in the employee database are much stronger
       | indications of employment bias than in smaller companies[1]), but
       | no even in that environment you can't say we will hire/fire with
       | the specific intent of getting a specific racial mix. Whether
       | that mix be the good old white supremacist one, or an
       | intentionally equal one. Firing would seem to not be something
       | where you could reasonably do any form of intentional
       | equalisation w/o it being pretty overt, and illegal, racial bias.
       | 
       | The way to correct the racial balance in a company (again one
       | large enough for statistics of employee vs national or regional
       | racial make up to be relevant), is to first address your hiring
       | practices and college or university outreach. Because the reality
       | is people are still more likely to get to the interview stage via
       | nepotism: one of your employees gets a hiring or intern
       | suggestion from their old PI, your employees go back to the
       | school they went to for career fair/outreach programs.
       | Historically for example tech companies did very little outreach
       | at any of the HBCUs or community colleges, which for historical
       | (often racist) reasons are where the major you get a much more
       | representative of society group of people. Aside from anything
       | else that not only means talented people from those schools are
       | less likely to get the experience from, say, interning, but also
       | it means you're missing out on the talent that didn't get lucky
       | enough in where they were born or who their parents were.
       | 
       | What I'm trying to say is that I do not believe you can in any
       | way fire your way to a less racist company, but you can do a lot
       | to fix it by making sure your hiring process isn't automatically
       | removing swathes of the population due not to explicit racism but
       | simply habit and the path of least resistance. You shouldn't be
       | in a position where you are saying yes or no about a person
       | simply because of their race, and saying yes or no simply because
       | of the school they went to is at a gross statistical level fairly
       | equivalent to doing just that.
       | 
       | [1] Because statistics
        
       | jacooper wrote:
       | The obsession with race and having people from every race to the
       | point people that aren't fit for the position get it because they
       | are "marginalized" is just crazy in the US.
       | 
       | You should hire based on talent and experience. And if the
       | company is all white, then be it, that's the market.
       | 
       | Of course that way doesn't fix racism, but the US way also
       | doesn't.
        
         | rizoma_dev wrote:
         | I took an ethics class on this. Basically some quotas should be
         | necessary because of unconscious biases (e.g. the resume of a
         | white person being preferred to one of a black person with the
         | exact same qualifications), but it's not enough to fix
         | disparities, mostly because the current structure of the
         | economy benefits from the existence of a precarious underclass
        
           | remarkEon wrote:
           | You took an ethics class that said racial quotas are actually
           | good?
           | 
           | What quota is "enough" to overcome this (unmeasurable)
           | "unconscious bias" that allegedly exists?
        
             | rizoma_dev wrote:
             | It was about representation in positions of influence
             | (politics, corporate boards, laboratories), which I think
             | we agree should attempt to reflect the distribution of the
             | populations
        
               | dmitrygr wrote:
               | 3% of the population is mentally ill. Should that be
               | represented? 2% are senile. That too?
               | 
               | I don't want "someone like me" in positions of power over
               | me. I have no idea what that's such a popular phrase in
               | America. I want someone vastly better than me in
               | positions of power.
        
           | hellohowareu wrote:
           | a course on a topic does not dictate what policies in a
           | society should or should not subscribe to.
           | 
           | Given that scientific discourse and outcomes fluctuate, we
           | can assume the same is true social science.
           | 
           | Furthermore, social science is much more dependent on current
           | fashionable political trends. This can be seen in the example
           | of the American Psychological Association accepting recent
           | political topics such as "toxic masculinity" [1] as new
           | definitions in psychological phenomena.
           | 
           | Check out this PhD's work to show how usage of bombastic
           | identity politics terminology increased in mainstream
           | journalism in a non-organic way. It seems driven by top-down
           | institution-based entryism. [2] & [3]
           | 
           | [1] https://www.apa.org/monitor/2019/01/ce-corner
           | 
           | [2] "Many trends develop over decades but I've never seen
           | change so rapid as the breathtaking success of what one might
           | call social justice concerns. Beginning around 2010-2014
           | there appears to have been a inflection point. Here from Zach
           | Goldberg on twitter are various words drawn from Lexis-
           | Nexis." https://marginalrevolution.com/marginalrevolution/201
           | 9/06/th...
           | 
           | [3] "1/n Spent some time on LexisNexis over the weekend.
           | Depending on your political orientation, what follows will
           | either disturb or encourage you. But regardless of political
           | orientation, I'm sure we can all say 'holy f*** s**'"
           | 
           | https://twitter.com/ZachG932/status/1133440945201061888
        
         | colechristensen wrote:
         | There are also a whole lot of white people who have had very
         | few advantages in life who don't get the benefits of
         | progressive support because they don't look different in a way
         | that lets people put an easy label on them.
        
           | hallway_monitor wrote:
           | America has far more poor white people than poor non-white
           | people. It seems like this should be obvious but apparently
           | is not.
        
             | thethirdone wrote:
             | If you define poor as "below the poverty line" and white
             | people as "white non-hispanic", this is not true. There are
             | more white hispanics below the poverty line than white non-
             | hispanics.
             | 
             | Typically when people are using the phrase "white people",
             | they are not including latinos so I would rate "America has
             | far more poor white people than poor non-white people"
             | mostly false.
             | 
             | Also I really hate how the standard demographics in the US
             | are WHITE, BLACK, ASIAN, or OTHER with an additional binary
             | of HISPANIC or NON-HISPANIC.
        
         | ivalm wrote:
         | > You should hire based on talent and experience
         | 
         | I agree that you shouldn't hire unqualified people. However,
         | oftentimes as a hiring manager you have a bunch of relatively
         | equivalent candidates (let's say the top 5 of the 100 that
         | applied). In this case there isn't really a clear choice of who
         | is better and diversity metrics can and should play a role in
         | the hiring decision.
        
           | inglor_cz wrote:
           | In that case, why not cast a lot?
        
             | ivalm wrote:
             | Because having a diverse employee pool has advantages as it
             | helps avoid group think, reduces mental blind spots, and
             | introduces new perspectives. Diversity is itself good for
             | teams.
        
         | dmitrygr wrote:
         | Presented without comment:
         | https://www.nytimes.com/2020/07/16/arts/music/blind-audition...
        
         | decafninja wrote:
         | So I used to work for a small company (~20 people) where all
         | but one person was of a certain nationality.
         | 
         | The reason for this was that all of the company's clients were
         | also companies that were mostly comprised of people of that
         | same nationality, many who spoke limited English.
         | 
         | Because this company was small, everyone wore many hats,
         | including technical staff having to interact with the clients.
         | 
         | So while a candidate of a different nationality/ethnicity/race
         | could technically be hired, the odds of this happening was
         | extremely unlikely - because the language in question was
         | usually not spoken by people outside of this nationality (this
         | was nearly 15 years ago, things have changed a bit now).
         | 
         | The one employee who was of a different nationality was part of
         | that tiny exception - he had picked up the language from
         | somewhere.
         | 
         | Would you classify this hiring policy as racist?
        
       | anonymoushn wrote:
       | Wow, this is much more exciting than the time Thoughtworks sent
       | me an email saying their role was only open to non-male
       | candidates.
        
         | fasteddie31003 wrote:
         | I have my doubts that any company would be dumb enough to do
         | this.
        
           | anonymoushn wrote:
           | I can forward you the email if you like :)
        
           | aaaaaaaaata wrote:
           | As if the entire company signed off on the HR clown's email.
        
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