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You might also hear, βIsnβt this reverse sexism/racism/-ism?β
In some cases with these kinds of comments, people genuinely want to know whatβs allowed and whatβs not. But they may also be trying to get around any action the company is proposing, or they might be on the defensive. They may be afraid that their place in the company is at risk.
In the U.S., it is illegal to discriminate against an employee on account of certain immutable traits such as their race, color, religion, sex, or age.
The Equal Employment Opportunity Commission, a U.S. federal agency, encourages employers to take steps to address barriers to equality in employment. In its Compliance Manual and Guidelines on Affirmative Action, the EEOC specifically notes that employers may engage in efforts βto overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.β* This may even go as far as establishing quotas for URGs, but employers should be aware that courts may see quotas as evidence of illegal discrimination in a diversity program. Other considerations include βwhether the plan is flexible enough so that each candidate competes against all other qualified candidates, whether the plan unnecessarily trammels the interests of third parties, and whether the action is temporary, e.g., not designed to continue after the planβs goal has been met.β*
For employers seeking to improve diversity, the law specifically carves out at least limited protection to correct manifest imbalances.
βDefinitionβ Manifest imbalance is a state of affairs in which a protected class is drastically underrepresented in a particular workplace compared to its representation in the employable workforce.
βdangerβAlways remember to consult an attorney about these sorts of legal questions. Not only are there various restrictionsβfor example, efforts cannot βtrammel on the rightsβ of members of the majority group*βbut this is a developing area of law.*
Itβs possible that this question isnβt asked in earnest, but as a defense mechanism or even a mocking of D&I proposals.
It is a testament to the power of normalization that we do not question the legality of hiring another white man* onto an already predominantly white male team in a predominantly white male industryβwe have merely accepted that what exists today is nothing out of the ordinary. However, it is not out of the ordinary to be questioned about the legality of broadening our horizons to consider hiring URGsβthis is where you hear folks throw around terms like βreverse-sexismβ or βreverse-racism.β But if we take a step back and look at who is and who isnβt on our teams, anyone would be hard pressed to conclude that it is men who are being discriminated against in our industry.
When you hear someone say, βOur next hire must be diverseβ or βWe need to hire five more women and two people of color to have more diversity,β itβs usually said with good intentions. People are trying to be mindful of diversity debt and are determined to not make the problem worse. But this way of looking at D&I may do more harm than good.
Talented people of all different backgrounds want to be given a fair opportunity to succeed based on their skills and aptitude. Demanding that your next hire must be a member of one URG or another can lead them to be referred to (or thought of) as the βdiversity candidate.β