Private Sector Diversity Programs: Perks and Pitfalls

It is a growing practice among business community to engage in diversity initiatives in hiring, promotion, outside contracting. A network of interrelated state and federal laws and regulations enforced by the EEOC, including Title VII of the Civil Rights Act of 1964, outlaw discrimination on the basis of race, sex, religion, and national origin. But it may not be clear what the law permits when it comes to discrimination on the basis of race.
Should preferences for race or sex be unlawful in the context of hiring, promotions and other professional opportunities, or contracting? How should diversity and inclusion officers navigate legal precedent in this area? Is diversity training helpful in the existing legal environment? Does functionally eliminating diversity training via government action benefit the public or create new pitfalls?
Featuring:
Prof. Theodore M. Shaw, University of North Carolina School of Law
Jonathan Berry, Partner, Boyden Gray & Associates
Moderator: Judge Paul B. Matey,United States Court of Appeals, Third Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

[@bobdaniels396]

It's so unfortunate that we can't talk frankly and honestly about race in this country. Professor Shaw brings up these enduring racial gaps (income, wealth, ect) as evidence of continued systemic racism in this country and thereby justification for affirmative action, but this is because the different groups have different average cognitive abilities. This whole case was brought by asians for Pete's sake, which incidentally is probably the only reason it stands a chance.

[@weignerleigner3037]

You could make the argument that by allowing discrimination to be legal you make racism and sexism more public. Businesses that discriminate against folks for either one of these reasons expose themselves. And the public can use that information to make a decision on wether or not they want to support a business like that.
In my town we have a marijuana dispensary opening up and they publicly support blm so I have made the choice not to shop there when it opens. Not saying blm is racist but if being able to express support for them was illegal then I wouldn’t be able to make that decision so discrimination laws also hurt the people who feel they are being discriminated too since they are deprived of that info and also because many of these laws create moral hazards within the populace. How many people don’t get jobs simply because a business doesn’t want to take a financial risk hiring certain people because of a fear they might be sued? These are issues that aren’t visible in data but are very real. Legalizing discrimination would solve that.