Philosopher David Wallace (USC, previously Oxford) writes:
I was reminded to ask this by your blog post on the matter: is there any reasonably straightforward way to get a reliable guide as to what US (and, I guess, state) law permits and mandates on equal opportunities? It’s one thing I’ve found very weird coming out here: in the UK (well, in England, more exactly) I had a very clear idea (partly because university HR took it seriously and provided resources) just what the law permitted, and I was confident we were (basically) operating within it. In the US I have a much less clear idea, and resources seem harder to come by.
This is a very good question: do any readers have a link to a *reliable* resource on this issue? While "hidden criteria" searches, as I discussed them in my CHE piece, are illegal, my impression is that preferences for women, African-Americans, Hispanics, and some other demographic minorities are permissible. (Much of Europe has a clearer demarcation: "positive discrimination" is permitted in favor of underrepresented demographic groups when candidates are of otherwise equal qualifications. This is, correctly, called "positive" discrimination because it does not involve demeaning the disfavored group. But it also has the virtue of acknowledging that the candidate is being chosen not because of the merits related to the job, but because of the societal demographic considerations. Although this is not the de jure rule in the U.S., it is often the de facto one.)
