Canada Should Also Examine Diversity Hiring Practices as US Comes Under Scrutiny
Commentary
America First Legal is currently airing commercials for lawsuits. However, unlike cases involving dangerous products, they are focusing on companies that practice race-based or diversity hiring. Their ad appeals to individuals who have been affected by diversity quotas, equity mandates, affirmative action, or other racial preferences in their job opportunities.
The Washington Post has reported that several law firms are running similar advertisements. Another ad invites individuals who have faced discrimination due to their race to come forward. According to the Post, there are over 100 lawsuits with more in progress, some of which have resulted in substantial damages, as stated by the Wall Street Journal.
This surge in litigation can be traced back to a 2023 U.S. Supreme Court case known as Students for Fair Admissions v. Harvard. The court invalidated certain diversity and affirmative action programs that could not withstand strict scrutiny. The court emphasized the negative impact of racial classifications and the potential for these policies to perpetuate a society where individuals are defined by their skin color, leading to entitlements and preferences based solely on race.
As a result of this legal decision, diversity hiring practices in the United States are under intense scrutiny. In contrast, diversity hiring in Canada is gaining momentum.
In an article titled “Now Hiring by Skin Colour!,” Prof. Ted Morton sheds light on a Canadian university’s recruitment of 45 professors exclusively from “equity deserving groups.” The job postings explicitly specify requirements such as being a qualified woman, Black scholar, or Indigenous scholar for certain positions.
The National Post highlights a similar scenario at another Canadian university where tenured computer science positions are exclusively available to individuals from specific gender and racial identities.