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TR has made many of the points I would make.
In doing so, he has identified and I think endorsed another form of affirmative action with which I don't have a problem. This does not involve standards or actual hiring decisions, but simply an effort to try to find qualified candidates from unrepresented minority groups and encourage them to apply.
This technically is a form of affirmative action and it arguably is discriminatory. In my view, however, there is nothing wrong with noticing that a company is all white or black or green, and trying to do something about it without discriminating. My office has no black lawyers right now (or at least last time I checked). I'd like to hire one if he can get the job done well.
What do people think about this more benign form of affirmative action? Is it OK for my firm to sponsor an event for a black lawyers or law students group for recruiting purposes?
Slightly tougher question: can you use race as a tie breaker? Let's say I have two equally qualified candidates, one white and the other black. I have no black lawyers now. Can I hire the black candidate because I want to diversify the firm?
Does it make a difference if diversity benefits the firm? For example, what if I want the ability to have a black lawyer at the counsel table when trying a case to an inner-city jury? Is that form of hiring discrimination OK?
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