diana_eva, on 2016-December-08, 17:36, said:
Step 2. Pretend you have two equally qualified white men, and choose.
In an ideal world, that is what would happen.
Unfortunately, we don't live in an ideal world. Many people do fail to hire or promote minorities for actual racist reasons. (Let's get off the blacks kick for a minute - I mean does it really make a difference in our discussion? Anybody can sue for discrimination.) Because many people fail to hire or promote minorities for racist reasons, which is deplorable, there are many cases in which a minority person is going to have a legitimate suit against an employer for not being picked.
However, when the employer did nothing wrong (say he just flipped a coin but not in front of the candidates), it may not appear any differently to the minority person who lost out. The minority person may sue, with the backing of Al Sharpton or Jesse Jackson or the NAACP, or an activist lawyer or CAIR or whatever organization supports the advancement of his minority, thinking that he has a real case (because it doesn't look to him any different than if he was really passed over for racist reasons) when the employer did nothing wrong and had no racist intent.
You may call the fear of this happening racist, but that fear can be real. And because this fear can exist, there is a further discrimination against minorities not for racist reasons, but for reasons that occur because
other employers are racist and the minority person might not be able to tell the difference.
This should not be a reason to get rid of the anti-discrimination laws; they are still needed because there are still plenty of people that will not hire minorities for racist reasons. As long as that is true, we need the laws and the lawsuits will persist. In many cases, they are justified. However, a side effect is that some employers who are fair will suffer for the sins of others when he faces an unjustified suit simply because a minority person can't tell the difference. I don't see how this problem is avoidable as long as some hiring/promotion racism still exists.
If I were an employer, and I could reasonably say "I am fair, I promise not to discriminate as long as you promise not to sue for discrimination - that's in the contract", there would be zero reason to choose the white male from two equally qualified candidates. However, as far as I know (and I'm not a lawyer so I totally expect mikeh to tell me I'm full of sh*t) such a contract would never hold up in court. But if I was making employment policy decisions at a large company and could get those contracts to hold up, I would in fact use them, and I would happily have as diverse a workforce as I could get and still get people that can do the jobs I needed done. I would always promote based on the person I thought was the most qualified regardless of race. I am hoping that I have hired well enough that if I promote a minority person, that he will be respected by those who are working for him. (I can see someone making a non-racist decision that the racists who work for him won't respect their new minority boss, but I'd hope I wouldn't be hiring such people that would force me into such a decision, and I'd be more inclined to say "I promoted the person who I thought was more qualified, so suck it up!" to the racist who doesn't want to work for a minority.)
I'm sorry if there are still points on which we disagree. I feel like you're a really good person and I know you mean well and you might even be right, but I just don't see it. Maybe we just have to agree to disagree.