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This is precisely why the programs got so weird.

It is, and always was, illegal to hire or not hire someone based on their race (or other protected class). You cannot legally just use quotas. At the same time, the EEOC will find a way to sue you if you are a large company with a lower proportion of minority employees than population. So companies had to get creative.

Trump EEOC will not do that. It's questionable if the EEOC even has the power to do that anymore after recent supreme court decisions that weaken regulators in general.




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