I understood his point to be that due to the heightened scrutiny given to all questions of discrimination nowadays, any sort of "holistic" evaluation was abandoned in favor of supposedly objective "Spreadsheet Mentality" evaluations.
This certainly has advantages, not only against conscious discrimination, but also unconscious biases (the infamous "team fit" ending up in homogeneous team composition). But it has large disadvantages as well, in that all employee contributions which do NOT easily fit into the few "objective" metrics are disregarded, which can lead to employees' value to an organization being substantially distorted. I find the rating scales I've seen a highly imperfect fit to the entire contribution an employee can bring.
And the underlying assumption that such rating scales are objective and not subject to manipulation or biases is highly questionable. Ultimately, it all comes down to a manager's judgement, and a bias does not disappear if you dress it up with a numerical weight.
For instance: consider the plight of an all-white all-Muslim company who would face a possible lawsuit for not hiring a black guy who says he loves to eat well barbequed Southern-style pork in the office for lunch daily. Is hiring discrimination in this case racial, religious, dietary or “team fit”?
To me, any answer other than “it is none of your damn business why we hire anyone” is against the First Amendment’s assembly clause.
This is exactly how I read it. Effectively, if you fire someone because you don't think they're doing a good job, you might be accused of racism/sexism/ageism/etc; even if your analysis is completely correct (and, presumably, there was no -ism involved). If you have a spreadsheet (effectively, a paper trail) of their work accomplishments, you're much safer.
I think he's saying the opposite - you have to work backwards to ensure that your results don't end up such that you can be accused of having done so, regardless of how you actually came to the conclusion.
The remedy of the existing civil rights legal regime was much too strong and too far-reaching for the disease of Southern racism, which has largely been eliminated anyway.
The existing civil rights law does not accomplish that, it encourages racist thinking in a spreadsheet mentality.