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Comment Re:Google: Select jurors who understand stats. (Score 1) 349

Regardless of intent or not, certain practices may indeed lead to age-tilted hiring as an actual end result. That doesn't necessarily make it "right", though.

One can argue a company is obligated to balance its employees' race, gender, and age to reflect the external population of available talent. This may involve counter-acting other hiring practices that indirectly lead to imbalances. Using your example, either stop paying in pink unicorn pillows, or adjust your hiring to match calculated age goals to compensate for the pillow bias.

The specifics of what you feel a company is obligated to do is of course a personal political opinion. I'm just trying to point out that "discrimination" can be purely accidental, and being accidental may not be considered a sufficient "excuse" to keep doing it.

If it's accidental, one could make a good case that the org doesn't deserve punitive or "retro" fees, but are at least obligated to remedy it going forward.

Perhaps a law should be passed that companies above a certain size are obligated to actively monitor their hiring profiles so as to avoid bias. Then "we didn't know" wouldn't be a valid claim anymore.

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