A large part of it is the US legal system and anti-discrimination law playing out in counterintuitive ways. The key thing is that where corporations are concerned, US law runs on counterfactual court cases; the actual text of legislation matters only insofar as it affects those court cases. Combine this with management having imperfect control over employees within a corporation, imperfect resolution of facts, and a system for assigning damages that’s highly subjective, and executives are left in an odd position.
Every company which does a significant amount of hiring and firing, ie every company above a certain size, will fire and reject some number of people in protected groups. Some of those people will claim that it was because of their group membership, and sue. As a distant corporate executive, you can’t prevent this, and can’t tell whether the accusation is true.
But you can put everyone through some corporate training. And it seems that the empirical result, discovered by legal departments that have been through this many times, is that you get the best outcomes in the court cases if you go over the top and do reverse-discrimination that the letter of the law says should be illegal.
A large part of it is the US legal system and anti-discrimination law playing out in counterintuitive ways. The key thing is that where corporations are concerned, US law runs on counterfactual court cases; the actual text of legislation matters only insofar as it affects those court cases. Combine this with management having imperfect control over employees within a corporation, imperfect resolution of facts, and a system for assigning damages that’s highly subjective, and executives are left in an odd position.
Every company which does a significant amount of hiring and firing, ie every company above a certain size, will fire and reject some number of people in protected groups. Some of those people will claim that it was because of their group membership, and sue. As a distant corporate executive, you can’t prevent this, and can’t tell whether the accusation is true.
But you can put everyone through some corporate training. And it seems that the empirical result, discovered by legal departments that have been through this many times, is that you get the best outcomes in the court cases if you go over the top and do reverse-discrimination that the letter of the law says should be illegal.