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anon926310 commented on Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)    · Posted by u/anon926310
NoImmatureAdHom · 4 years ago
This is something I've tried to figure out in detail due to past similar circumstances. What you're being asked to do is almost certainly illegal. There are a couple small carve-outs for very specific situations, but I would bet almost anything your company has not set up the paper trail to make sure they're in those small carve outs. Either way, what they're doing is morally wrong and will lead to worse outcomes for both under-privileged people and everyone else.

You have a couple different possible moves here:

1) Bring it up to your company's HR, compliance people, or legal team. If you want to stay and look good, this is an okay move. Frame it as, "This probably exposes us to A LOT of liability, no? Just thought I'd let you know".

2) Report them to the relevant authorities. This is the EEOC at the Department of Labor (Federal) and your state's EEOC or EEOC-equivalent. If you're planning on leaving I would definitely do this. Gather evidence of the illegal activity first and then submit. Many states will have whistleblower protections such that what the company can do to hurt you is very limited. You may even end up getting paid for no work.

3) Develop a list of candidates who were illegally discriminated against and notify them. They can then sue the company themselves.

1, 2, and 3 aren't exclusive. You can do a combination: for instance, let the company know and report them to EEOC. If you have the means and want to do a little good in the world, I think spending a couple hundred dollars on talking to a lawyer for an hour or two is a good move as well.

anon926310 · 4 years ago
Thanks for these ideas. Do you have any recs on where or how to find a lawyer for the advice call?
anon926310 commented on Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)    · Posted by u/anon926310
DangerousPie · 4 years ago
Might be worth asking Reddit's r/legaladvice (but take what they say with a grain of salt). In the UK this would be illegal afaik - you are only allowed to favour one sex over the other if there are two equivalent applicants for a position and you are trying to counteract an existing imbalance in your team. But you can't outright reject one sex from the start.
anon926310 commented on Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)    · Posted by u/anon926310
josephcsible · 4 years ago
This posting looks recent enough that you should still have the edit button yourself.
anon926310 · 4 years ago
Used it once for other typos but then the edit link disappeared!
anon926310 commented on Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)    · Posted by u/anon926310
msoad · 4 years ago
What's your motive here? Are you planning to leave the company if this escalates?

I'm asking because if you want to "take them down" you totally can. Capture evidence and involve an employment lawyer. But what is in it for you? The lawyer will get paid handsomely. What about you? I don't think you're particularly damaged by this to ask for damages.

anon926310 · 4 years ago
I have thought about leaving. My first goal is to confirm that I really understand what I'm observing. I don't want to resign because of a legal issue only to discover later that it's not actually illegal and I misread the situation.

I have no animosity for the company or the leaders. No desire to "take them down" or cause any drama. But avoiding drama definitely wouldn't be a reason to do something illegal imo.

anon926310 commented on Ask HN: Am I being instructed to do something illegal? (DEI hiring practices)    · Posted by u/anon926310
anon926310 · 4 years ago
Typo in the title. If anyone has edit privileges then can they update it to "Ask HN:"

u/anon926310

KarmaCake day157January 23, 2022View Original