u/Kingfrund85 wrote (the comment Michael replied to):
Having a bonus for diversity candidates isn’t discriminatory unless they are solely basing their hiring decisions on it. For example; let’s say a company has the bandwidth to interview 20 candidates. It’s totally OK for a company or agency to actively seek out their desired rep
u/michaelnovati replied ·
There are a lot of gray areas and a lot of state and local conflicting laws around discrimination.
Some of these areas, like explicitly hiring decisions mentioned, have been battle tested in court more than others so if some negative behaviors have been firmly affirmed as illegal in the courts, companies will try harder to avoid those behaviors.
There are a lot of areas untested and if you feel discriminated against and want to push a company in an untested area. You have to be ready to go to the supreme court, to get what out of it.
Recruiting funnels tend to separate the hiring process (from application being received onwards) from the marketing process (sourcing and advertising for jobs).
If the marketing process has diversity goals, they might focus their advertising and outreach in certain communities in the hope that more people apply from those communities. But every application that hits the inbox is treated equally.