this post was submitted on 15 Jan 2025
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[–] dohpaz42@lemmy.world 28 points 4 hours ago* (last edited 4 hours ago) (4 children)

Can someone smarter than me (I know, it’s a low bar) explain how DEI is unconstitutional? Especially when it comes to private enterprises like Apple and Costco?

Edit: okay, I found a decent article that lays it out. While I agree with the basic premise, I know its effect won’t be more equality.

[–] jaybone@lemmy.world 1 points 1 minute ago

And why are we comparing Apple to Costco?

[–] CitricBase@lemmy.world 9 points 1 hour ago

DEI is basically "you know that thing we do where we only hire from the old boys club at our favorite ivy league university? Let's hold off on that."

Companies benefit from DEI policies because they expand their hiring pool, so the company ends up with better talent. They're still aiming to hire the best out of that pool, of course. Companies are motivated by profit, not by reparations.

I know its effect won’t be more equality.

Its effect will be more equality. Unfortunately that is not a good thing for the old boys club, which is what motivates the FUD and disinformation you've heard regarding DEI as a buzzword.

[–] Shadow@lemmy.ca 27 points 4 hours ago* (last edited 4 hours ago) (1 children)

My understanding is it's basically pulling the uno reverse card to suggest it's anti-white behaviour.

"I got passed over for a promotion cause they needed another minority manager instead of a white one" type stuff

I'm not American so no idea what your constitution says.

[–] galaskorz@discuss.online 23 points 4 hours ago (1 children)

The constitution say very little, yet people love to interpret it.

[–] Dudewitbow@lemmy.zip 18 points 4 hours ago* (last edited 4 hours ago) (2 children)

the whole DEI inititive generally is to get people who historically underprivileged more positions at work. this however in a few instances, would lead to someone being hired because of their race, rather than skillset. Theres ongoing anti sentiment who fully believe that anything with DEI has made a company gone downhill (with basically 0 evidence, or very anecdotal evidence proving so)

Constitutionally, some claim it to be unconstitutional because of the 14th amendment that states:

“No state shall...deny to any person within its jurisdiction the equal protection of the laws.”

as the idea of affirmative action, or DEI programs bascially give minorities a higher chance of being hired, therefore the idea is that people were not equally protected under law.

basically programs typically put Whites (and Asians in some contexts, tech jobs and universities) at a disadvantage.

personally, i think most of it is hubabaloo, and most companies know(or should know) the minimum requirement they are looking for out of an employee since most of them already want the cheapest person in the building regardless of race. I just think the argument that they wont hire the best person suited for the job a fallacy, as if they were THAT good, then they would never get passed up to fill some racial quota. No one is going around for example passing up on Jim Keller (cpu architecture guru) over a minority designer who has little experience. for the jobs that require the best, a company will look for it regardless.

[–] tiefling@lemmy.blahaj.zone 9 points 3 hours ago* (last edited 3 hours ago)

“No state shall...deny to any person within its jurisdiction the equal protection of the laws.”

Republicans have gotten away with breaking this so many times...

[–] dohpaz42@lemmy.world 3 points 4 hours ago

Thank you. That was easy to understand.

[–] venusaur@lemmy.world 13 points 4 hours ago (5 children)

Tim Cook is really playing both sides of the fence here.

[–] kibiz0r@midwest.social 2 points 38 minutes ago

The real fence is capital vs labor, and he doesn’t play both sides of that one

[–] doingthestuff@lemy.lol 1 points 1 hour ago

He always has.

[–] circuitfarmer@lemmy.sdf.org 6 points 2 hours ago (1 children)

I mean, he did give a generous "personal donation" to the Trump inauguration.

[–] doingthestuff@lemy.lol 2 points 1 hour ago

He was going to give it to whoever won. Of course he wants to be on the good side of those in power. It's not about the president, it's about Tim Cook.

[–] takeda@lemm.ee 3 points 3 hours ago

Maybe his interpretation of DEI would be more H1Bs from India?

[–] RagingRobot@lemmy.world 2 points 3 hours ago (1 children)

If I recall he said they were going to remove it and the board said no

[–] Clent@lemmy.dbzer0.com 3 points 2 hours ago

Citation needed.