12 Comments

It's cheaper to pay for diversity classes than deal with potential litigation costs.

Expand full comment

One problem that invariably occurs when justices try to codify popular science is that they wind up chiseling into granite ideas that were fashionable for but a day. Whatever you may think of abortion there's no better example than the silly trimester scheme embraced by the U.S. Supreme Court in Roe v. Wade. Long after those bright lines were enshrined in the law we are slaves to them even though subsequent research has demonstrated them to be distinctions without any differences.

Similarly, courts around the country are now demanding 20th century science, frequentist epidemiology, and rejecting 21st century science, molecular biology and any sort of Bayesian analysis, in cases involving causal claims about alleged toxins and cancerous or teratogenic effects. Why? Because, with few exceptions, judges are as fond of fads as anyone - but they get to make fads fadish forever.

Expand full comment

David Friedman complains here about judges not being held liable for negligence in their decisions.

Expand full comment

Being openly racist or sexist can get you fired, sued, imprisoned in some countries and will get you socially shunned in large swaths of society.

When it comes to changing expressed attitudes, or behavior, concerning racism or sexism a couple of hours sensitivity training seems utterly insignificant compared to the above factors.

To me it seems much more likely that diversity sensitivity trainers has benefitted from changes in society at large than that they have caused even small changes in society at large.

Expand full comment

attitudes are hard to measure but *behaviours* in the corporate environment most certainly have changed...I suppose the training could be coincidental unrelated, but something has caused behaviour to change.

Expand full comment

"The problem is that while “burning money” can indeed signal values, it can be hard to tell what values exactly it signals. "

Why does there need to be any other signal than "I can burn money" or "I can force others to burn money"? Both shows plenty of power in a non-fakeable way.

It might also be that it is low status to openly be against diversity in the social circles of most legal decision makers. So the risk of social shame biases them towards decisions which seems more anti-racist.

Expand full comment

Oh, and the comment that this is done to protect "legal" elites, I would note that most of these programs are conducted by non-lawyers.

Sort of like saying that economics classes are prepared to protect the economic elites.

Expand full comment

I think this post really widely misses the mark as to why corporations have diversity programs: it is not to "burn" money, but it is to protect themselves and put the responsibility on the employee and to give the employer the right to can the employee for not following company policies.

No, corporations like this stuff for prophalictic reasons and to point the finger at someone else.

Expand full comment

They already do.

Expand full comment

Is there any evidence that this blog changes attitudes or behavior?

Expand full comment

Is the converse true: does segregation increase tolerance?

I look at some of the local charter schools in my city: a Somali charter school, a Hmong charter school, and, perversely, a charter school that sponsors the teaching of Latin.

Perhaps you have to measure this against the past and against alternatives to make a decision on diversity training or diversity awareness. My own observation, as a lawyer, is that having to attend diversity training is informative, although it also makes you a little cynical. Like medicine that tastes bad, I always believe it benefits others and I didn't need to take it.

Maybe that is a bias also.

Expand full comment

It is also likely that the companies themselves like the diversity training as a signal of effort. It isn't just the lawsuits. Companies want to signal their good intentions and would prefer cheap rather than costly ways to do this.

Expand full comment