But I think there’s a fundamental problem with that approach: in this scenario, the EVFs aren’t employing anyone! They are deciding whether or not to make grants of EVF assets and IP to wholly independent, newly formed organizations. You’d need a legal authority that made it illegal for EVF to adopt a policy of generally not making these kinds of grants to organizations whose boards were wholly lacking in certain forms of diversity.
This does not seem to be a stretch to me. Your proposed strategy would allow for widespread circumvention of anti-discrimination laws; rather than directly discriminating in employment, organizations could repeatedly reincarnate themselves into a series of new organizations selected on racist criteria, thereby avoiding legal responsibility. I’m not an expert on the subject but it seems far more likely that this sort of ‘discrimination by proxy’ would also be ruled illegal; at best EVF avoids violating the rules, but all the assets and IP are now owned by a new organization which did violate anti-discrimination law and remains liable.
I am behind at life (having had major surgery earlier this week), so will likely not be in a position to engage further on this one.
This does not seem to be a stretch to me. Your proposed strategy would allow for widespread circumvention of anti-discrimination laws; rather than directly discriminating in employment, organizations could repeatedly reincarnate themselves into a series of new organizations selected on racist criteria, thereby avoiding legal responsibility. I’m not an expert on the subject but it seems far more likely that this sort of ‘discrimination by proxy’ would also be ruled illegal; at best EVF avoids violating the rules, but all the assets and IP are now owned by a new organization which did violate anti-discrimination law and remains liable.
Sure, happy to leave it here then.