Or you stop trying to force blacks into the job and hire whoever applies and is the most qualified. This way people don't die just so leftists can feel satisfied.
Large American employers basically all face the same double bind: if they do not disriminate in hiring, they almost certainly will not get the demographic ratios the EEOC wants, and will get sued successfully for disparate impact (and because EVERYTHING has disparate impact, and you cannot carry out a validation study on every one of the infinite attributes of your HR processes, everyone who hires people is unavoidably guilty all the time). But if they DO discriminate, and get caught, then that's even more straightforwardly illegal and they get sued too.
There is only one strategy that has a chance of not ending you up on the losing end of a lawsuit: deliberately illegally discriminate to achieve the demographic percentages that will make the EEOC happy, but keep the details of how you're doing so secret so that nobody can piece together of the story to directly prove illegal discrimination in a lawsuit. (It'll be kinda obvious it must've happened from the resulting demographics of your workforce, but that's not enough evidence.) The FAA here clearly failed horribly at the "keep the details secret" part of this standard plan.
What I think is weird is how many firms have this reason, but do it for other stated reasons and don't simply state this compliance nuance. I figure more people would accept your "paragraph three strategy" as an acceptable means to a required end. Maybe this threat is more of a "what if" that has lower probability of enforcement so in practice, getting hunted for this is not that likely.
We had 500 open positions. We filled 100, and argued over 10.
That’s still a gap of 400 positions. We have only 110 qualified applicants.
The Math is missing a third variable.
Alternatively, this is a way for your boss to meet budget targets while not explicitly laying people off, and giving hope to people that help is coming.
Especially since the market of people willing to work the job AND take the pay AND work in the area is not infinite.
We’re talking about a group which went out of its way (apparently) already to recruit folks with the specific colors they wanted + these other criteria.
Don’t forget, everyone else in the country has been having similar constraints and has been trying to do the same thing near as I can tell.
Why do you think they were sharing test answers (it seems), and still only got x candidates in?
And also, doesn’t this entire thing seem actively unfair and racist (albeit to everyone except the chosen minority) instead of what at worst was perhaps a passively unfair and racist situation before? (Albeit to everyone except the majority)
How is that actually any better, except that it pisses off the majority instead of the minority?
Seems like a good way to lose elections, frankly. Or have a majority of the population angry at every minority out there.
You have more spots than you have qualified candidates. Even if you take your second band candidates, its still short the number you need.
Straight from the president up until Trump (for many administrations), affirmative action is required.
And what the gov’t expects is that your workforce composition aligns with the population as a whole, percentage wise.
You have 100 open positions.
You filled 50.
You left the other 50 spots open so that you could have the right composition amongst HALF of the required workforce?
Heck, if you hire everyone, you solve this problem completely.