The Corner

Law & the Courts

Apple Turnover

Once again we learn that, in Silicon Valley as elsewhere in Corporate America, there is no place for politically incorrect truth-telling. What’s more, what the law says is not even part of the conversation.

The latest kerfuffle involves Apple’s vice president of “inclusion and diversity,” who made the following statement during a panel discussion: “There can be twelve white blue-eyed blond men in a room and they are going to be diverse too because they’re going to bring a different life experience and life perspective to the conversation.”

Well, talk about your mansplaining, and isn’t that just what you’d expect to hear from some corporate white guy?

Except that this particular executive happens to be a black woman, and of course she’s exactly right. Those twelve individuals may have wildly dissimilar life stories and outlooks, and for that matter you could also choose twelve people of wildly dissimilar ethnicities but nearly identical upbringing and mindset.

If Apple thinks having a diversity of life experiences and background is important in assembling a good team, fine, but why use skin color, national origin, and sex as a proxy for how people grew up and what they believe? That’s stereotyping, and by the way Title VII of the 1964 Civil Rights Act makes it illegal to discriminate on the basis of race, ethnicity, or sex in employment. (I discussed all this a decade ago in testimony before the U.S. Equal Employment Opportunity Commission — see especially parts III and V.)

No matter. The outcry was immediate and loud, and an apology has been issued.

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