What Is Merit?

You’ve got to give Trump “credit” for one thing: he publicly expresses all the most vile racist tropes embraced by the MAGA movement. His attack on Kamala Harris as a “DEI” candidate is on a par with his constant assertions that people of color are either criminals or bums (or “not the finest” people…). Too bad America doesn’t get more immigration from Norway…

One of the most persistent accusations that bigots like Trump level at efforts aimed at erasing the structural effects of decades of discrimination is that such efforts necessarily disregard merit–that attempts to diversify a workforce or a student body inevitably result in a less-effective workforce or a “dumbed down” classroom.

The problem with that accusation is that it rests on a deeply-held conviction that merit is something that “those people” obviously lack, rather than on an accurate understanding of what constitutes merit and how we measure it.

Persuasion recently featured an interview between Yascha Mounk and Simon Fanshawe on just that topic. Fanshawe does a good deal of diversity work rooted in the philosophies of John Stuart Mill and other Enlightenment figures, and Mounk asked him how his approach differs from other diversity efforts. Fanshowe responded that “diversity inclusion” is about trying to understand what people’s different experiences bring to joint enterprises.

What organizations or businesses really have is a bunch of strangers brought together to achieve a common objective, whether it’s making pizzas or teaching a course at university or putting a man or woman on the moon. And my proposition to them is that it’s through their differences, what they each differently bring to that task and its different components—that’s why diversity matters. And one further thing that I would say is that there’s a key difference when we think about this notion of diversity. We think about the deficits. In other words, you can look at data and you could look at where the imbalances are between different groups of people. But there’s another element of this which is the diversity dividend, and that’s what happens when you start to combine the differences. Diversity is absolutely a talent strategy if you’d like to achieve common objectives.

When Mounk questioned him about the widespread notion that diversity efforts necessarily downplay merit-based hiring, Fanshawe’s response was, in my opinion, exactly right.

What I would say is that you need to think about what you mean by merit. In other words, what do you value and what people are able to bring it into organizations? Typically what you have is that merit is largely based on a technical notion, on a professional skill notion. They will bring that technical skill. But the truth of it is there’s a kind of skill threshold when you’re trying to fill a job or create a team. But then the question is, what else is that person bringing? And I’m not suggesting, ever, that people should be recruited because of who they are. I’m saying that, actually, it’s not who they are that matters. It’s what they bring through who they are…

 So what I would say is that if we start to think of merit as being that combination of skill and then also the knowledge of that and the experience you bring through who you are and your personality, then what you start to do is to combine a number of things with other people. So it’s important to recognise that the members of certain groups and certain members of those groups experience disadvantage. But it’s not a uniform experience. It’s not an all-day experience. I often say that the thing about prejudice for lesbians and gays is we might experience discrimination every day, but we don’t any longer experience it all day.

Let’s reevaluate merit, because what you often have in jobs is that people have an assumption about the merit that’s required for the job. They then recruit to that assumption and that assumption is never challenged. And in effect what it can do is cut out people who actually have got enormous amounts of talent they could bring to that job but they’re just not perceived as being suitable for it.

That last paragraph really speaks to the issue of prejudice. Not prejudice for or against certain groups of people, but the “pre-judging” that so often occurs in formulating job descriptions. What are the skills this job really requires? If that skill list is too narrow, the business or organization will overlook applicants who would be enormous assets.

Of course, the MAGA cult doesn’t consider such possibilities.

Like Trump, they define “merit” as White skin, a penis, and a “Christian” label.

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Don’t Help Those People!!

When do efforts to ameliorate past disadvantage turn into unconstitutional discrimination?

It’s a fair enough question; if demographic change gives people of color the power to make the nation’s laws, and they use that power to privilege themselves and disadvantage Whites, that would clearly be wrong. While accusations of “reverse discrimination” tend to be prompted more by racism than actual unfairness, there have been some cases where courts have found such reverse discrimination. 

But let’s get real! Efforts to help people overcome longstanding structural disadvantage aren’t plots against Whites. The current attacks on “woke” corporate efforts to ensure fairness are more often than not barely-veiled efforts to maintain previous, racist barriers.

I was particularly struck by a recent report in the Washington Post.

The article began by recounting an entrepreneurial  bright idea. Patterning her project after those ubiquitous food trucks, a young Black woman in Atlanta bought an old school bus, painted it white, tore out the floor and seats, and added manicure stations. The effort took off, and she was booking weddings and parties.

Looking to scale up, she approached a grant program for Black, female entrepreneurs run by Fearless Fund, an Atlanta-based venture capital firm.

The firm had planned to name the latest round of grant winners before Labor Day. But Fearless Fund has agreed to delay the awards as it finds itself ensnared in the nation’s rapidly expanding legal brawl over affirmative action.

Edward Blum, whose lawsuit prompted the U.S. Supreme Court to strike down the use of racial preferences in college admissions, targeted the Fearless Fund in early August, claiming it engaged in “explicit racial exclusion” by operating a grant program “open only to Black females.” The lawsuit — which asked the court to prevent the fund from selecting its next round of grant winners — is one of the most prominent in a flurry of recent lawsuits and legal claims by conservative activists aimed at applying the Supreme Court’s insistence on race-blind college admissions practices to the corporate sphere of hiring, contracting and investment.

Blum has also sued two law firms over their operation of fellowship programs aimed at students of color, LGBTQ+ students, and students with disabilities, alleging that the exclusion of applicants who don’t fall into those categories is discriminatory, and demanding that the programs be shut down.

It will not surprise you to learn that a Google search to find cases in which Blum challenged programs that preferred White folks was unsuccessful….

Fearless Fund is one of several entities trying to help minority entrepreneurs who have encountered race-based barriers to capital:

Fearless Fund is one of dozens of firms geared toward combating the well-documented racial imbalance in U.S. venture capital: Last year, 1.1 percent of the $214 billion in venture capital funding allocated went to companies with Black founders, according to data from Crunchbase. In 2019, research from Stanford University concluded that founders of color face more bias from professional investors the better they perform.

The women who established Fearless Fund had been personally affected by the wildly disproportionate funding available to Black and White enterprises, and wanted to help other Black women facing the barriers that they’d struggled to overcome. They’ve lined up a heavyweight defense team, including the NAACP Legal Defense Fund, Gibson, Dunn & Crutcher and Ben Crump.

The lawsuit against the Fearless Fund, Crump told The Post, “is an attack by the enemies of equality, to say ‘You will never be equal.’”…

The lawsuit claims that the venture capital firm’s practice of awarding $20,000 grants, business support services and mentorship to Black women-owned businesses violates a section of the Civil Rights Act of 1866 that guarantees “race neutrality” in contracts. That legislation, which was passed after the Civil War to protect the rights of people freed from enslavement, is also being used in similar lawsuits — along with the Civil Rights Act of 1964 — to claim that companies’ attempts to eradicate racial inequality qualify as discrimination.

Unsurprisingly, Blum and his fellow champions of racial neutrality were nowhere to be found–in the courts or in the court of public opinion–when corporate practices blatantly favored Whites, making their current pious pronouncements about favoritism and discrimination ring especially hollow.

Federal laws that were intended to ensure equal opportunity and rights for people of color “are now being used as a weapon to deny them rights,” said Kenneth Davis, professor of law and ethics at Fordham University. “It’s the height of irony.”

That irony is proliferating. In the wake of the Supreme Court decision striking down college affirmative action programs, a federal judge has ruled that an SBA program for historically-disadvantaged groups is unconstitutional.

Maybe next they can attack scholarships for poor students on the grounds that they discriminate against the rich….

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