Following the Supreme Court's decision to overturn affirmative action in college admissions, LinkedIn's "Diversity in Recruiting" (DIR) feature is under fire. The Equal Protection Project (EPP) argues that the feature, which considers race, sexual orientation, and gender to present a diverse candidate pool to recruiters, contradicts the principles of the Court's ruling.

The EPP contends that LinkedIn's practice of filtering demographic data to manipulate applicant pools goes against the Supreme Court's emphasis on treating individuals based on their merits rather than race. While LinkedIn allows users to opt out of the DIR feature, the platform still utilizes it to promote diversity in hiring. The EPP argues that this approach gives certain candidates an advantage based on protected characteristics, potentially violating LinkedIn's own non-discrimination policies.

Furthermore, the EPP raises concerns about transparency, noting that candidates may be unaware of how they are categorized and filtered within the system. They question whether recruiters fully understand that they are receiving a potentially manipulated candidate pool. According to the EEOC, job applicants are protected from discrimination based on race, color, religion, and sex. The EPP maintains that even with user consent, the system itself remains discriminatory.

The EPP's core argument is that LinkedIn's algorithm may favor diverse candidates while disadvantaging those who choose not to disclose protected information or who don't meet diversity criteria. They assert that integrating such classifications into the hiring process through demographic filtering and promotion constitutes built-in discrimination, affecting the entire LinkedIn-related hiring process.

In response to the EPP's initial communication, LinkedIn has added a statement clarifying that its hiring products do not allow filtering based on sensitive demographic data. However, the EPP maintains that algorithmic discrimination remains discriminatory, urging LinkedIn to cease the practice. LinkedIn, in a statement to Fox News Digital, affirmed its compliance with anti-discrimination laws and emphasized that users control the sharing and usage of their demographic information.