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Comment by nemo44x | Hacker News Reader

> If you don't like it, take it up with people making those decisions.

Take it up with your lawyers. I can't believe they admitted it in an official filing. It's like they're begging to be sued.

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Racial discrimination is perfectly legal (and sometimes mandated) as long as the group harmed is the right one.

Not under American Federal law.

Why is diversity hiring fine then? Can't see the difference

It isn’t. The law is race neutral on this; and hiring/firing discrimination on the basis of race, against any race, is a good way to open yourself up to lawsuits. It’s up to HR departments and ultimately their bosses if they want to play with fire or not.

In large part because the argument has been, from Judges like Justice Ginsberg, that you aren't taking away anything from anyone by offering "marginalized people" special privilege. Which is an awful rationale since seats at a university or at a job via affirmative action are in fact using a limited resource, but the argument has some semblance of logic in that the position is virtual until it is filled. In this case, you are literally taking a thing away from people based on their race and there's no possible argument when the CEO states it in plain text.

At least in the United States, this is not true. Please do not spread inflammatory disinformation: https://www.eeoc.gov/racecolor-discrimination

From your link:

> The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

This makes it sound like affirmative action is illegal. But it is currently allowed and many companies brag about doing it.

What Twilio is doing is basically the same. It's like affirmative action for layoffs.

I agree that GP was wrong to say that discrimination is mandated, which it is not.

Affirmative action in hiring for jobs in the US is illegal. University admissions are different, but it is straightforwardly illegal to say, "I'm hiring a software engineer, I have two candidates, I prefer the one who is black because of his race."

Affirmative action is required for government contractors. https://www.dol.gov/general/topic/hiring/affirmativeact Even to the extent of training someone in the right category so you can hire them.

I don't think that link is using the term the same way you are. It's more focused on making sure there's a wide recruiting funnel and having boring mandatory diversity trainings. Not taking race into consideration for hiring/firing decisions.

Companies sure don't seem to be following that law in hiring.

Consider: It is illegal but very difficult and expensive to prove in court. Not even your average software dev could easily eat the legal fees required, and therefore they are incentivized to shut up and look for another job.

"Allowed"

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