Given how poorly worded, and far away from a statement that could be validated, your claim is I'm pretty sure you'd make an even worse lawyer, and ChatGPT is very clear it isn't a lawyer up front. I asked ChatGPT 4 for an answer to what I think is the question you claimed to pose and got an answer that is far more nuanced and definitely wasn't 'yes'.
Question: Is it legal to discriminate in favour of candidates when hiring to improve diversity in a company?
Answer:
I am not a lawyer, but in the U.S., the legal framework surrounding affirmative action and employment is complex and nuanced. Here's a general overview based on information available as of my last training in 2022:
Title VII of the Civil Rights Act of 1964: This prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. It covers employers with 15 or more employees, including federal, state, and local governments.
Affirmative Action: Some employers implement affirmative action plans to address historical disparities and promote workplace diversity. These plans can, in certain situations, include taking an individual's race, color, religion, sex, or national origin into account in employment decisions to redress past discrimination or address underrepresentation.
Supreme Court Decisions: The U.S. Supreme Court has evaluated affirmative action programs, particularly in the context of higher education. The Court has held that a narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits of a diverse student body can be lawful. But the legal principles guiding educational affirmative action might not directly transfer to employment contexts.
"Quotas" vs. "Goals": Courts have generally been skeptical of "quotas" or hard-set numbers/percentages that must be met. However, aspirational "goals" set by employers to guide their diversity efforts might be viewed differently if they do not result in discrimination against any group.
Federal Contractors: Under Executive Order 11246, certain federal contractors are required to take affirmative action to ensure that they employ, and treat during employment, individuals without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. These contractors might have specific goals or benchmarks they aim to achieve but must still ensure that their processes do not discriminate against any group.
State Laws: Some states have their own regulations related to affirmative action or discrimination in hiring. For instance, California's Proposition 209 bans state governmental institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education.
Given the intricacies of this topic and the potential for legal challenges, any company considering implementing policies or practices to improve diversity should consult with legal counsel to ensure compliance with all applicable laws and regulations.