Usually the stated reason is not actually the real reason. They just state something generic that isn’t illegal to admit.
The real reason might be “they didn’t like your vibes” or something like that
Usually the stated reason is not actually the real reason. They just state something generic that isn’t illegal to admit.
The real reason might be “they didn’t like your vibes” or something like that
Hiring is incredibly complicated when done well. If 'limited fuzzy Boolean windows' over 'complex interpersonal dynamics' is vibes, then we will need to accept vibes.
Vibes aren't a protected category.
They aren't explicitly, but, if you ever find yourself in a position where you're part of the hiring decision, it's best to categorize vibes as protected for anything written or otherwise recorded.
SCOTUS has found non-protected categories can still be protected because they are "proxies" for protected categories. One of the classic examples of this are zip codes[0], which was found to be a proxy for race, because it has a "disparate impact" on people of particular races.
For some people, the 'wrong vibes' are often proxies for cultural things - all kinds of body language contribute to vibes and it's easy to accidentally (or on purpose...) discriminate against a whole categories based on vibes. If you tell a candidate "Hey we just didn't like your vibes as much as this other guy", it could affect your exposure to claims that you discriminated against them based on their race.
0: https://en.wikipedia.org/wiki/Texas_Department_of_Housing_an....
> SCOTUS has found non-protected categories can still be protected because they are "proxies" for protected categories. One of the classic examples of this are zip codes[0], which was found to be a proxy for race, because it has a "disparate impact" on people of particular races.
This was probably wrong, both in terms of interpreting the existing law and as a statement of what the law should be. Sometimes bad facts correlate with race; that should not be a reason to deny using the measure for e.g. hiring or lending.
Do "vibes" really matter all that much when you're going to be working 100% remotely? Maybe we should be moving to fully blind auditions for such jobs, where the interview might still be proctored in some way to prevent outright cheating, but the people who make the hiring decision aren't even put in a position where they might "vibe" with the candidate.
I mean, yes. You’re still working with them even if it’s behind a computer screen.
> SCOTUS has found non-protected categories can still be protected because they are "proxies" for protected categories. One of the classic examples of this are zip codes[0], which was found to be a proxy for race, because it has a "disparate impact" on people of particular races.
I realise it may be somewhat beside your point, but that was a Kennedy+liberals vs conservatives ruling in 2015 - so the current SCOTUS would likely have ruled the other way, and decent odds they overrule it sooner or later. Scalia’s dissent was objecting to the entire idea of disparate impact analysis under the Fair Housing Act, so more likely that gets overruled than this specific application of that idea.
This was a statutory interpretation case though, so if SCOTUS overturns the decision, Congress could reverse that with ordinary legislation, no constitutional amendment required. But who knows whether that will turn out to be politically feasible.
https://en.wikipedia.org/wiki/Texas_Department_of_Housing_an...
(Also, you need to change the last period in the URL to %2E to stop HN from mangling it.)