> The courts don’t conflate these activities and as we’ve discussed

Again, what is the basis of this statement? You're not actually backing this claim up with anything, you're just postulating it as fact. From what I can find, companies are being sued for this practice: https://nfclegal.com/dei-legal-development-spotlight-warm-up...

> Florida Attorney General James Uthmeier filed a lawsuit accusing Starbucks Corp. of violating state civil rights through its DEI policies by: ... Tying executive compensation to participation in race-based mentorship programs and race-based employee retention rates; and

I have not been able to find a single instance of a company successfully defending a policy of tying compensation to race and gender quotas. Your claim that the courts have given the green light on tying compensation to racial and gender quotas is not the consensus I'm finding.

> recruiting incentives related to broadening the applicant pool are perfectly legal and proper.

Tying compensation to quotas also incentivizes narrowing the applicant pool to exclude the demographic that doesn't belong to the quota. Again, if I told my employees, "I'm docking your pay if you hire any pregnant women", am I broadening the applicant pool to include more non-pregnant people? Or am I incentivizing them to narrow the applicant pool to exclude pregnant women? "Diversity goals" and caps are two sides of the same coin. Tying a bonus to a diversity goal X% women is the same as instituting a penalty if a cap of (100-X)% men is exceeded.

Remember, Microsoft and Intel tied quotas to proportional representation. If I have 8 men and 2 women on my candidate docket, and I need to reach 40% women, I could try and attract 3 more female applicants. But if the desired female applicants don't materialize, I could also decline to hire some of the men to push women's proportional representation up enough to reach the 40% quota. I can't guarantee whether more women apply to join the team, but I can unilaterally decline to move forward with some of the men.

> This has nothing to do with hiring unqualified people based on identity as you imply

Where did I write about unqualified people getting hired? I've re-read my comments twice, and nowhere do I imply that people are hired based on identify characteristics.

I've found that this is a common theme among DEI proponents: try and imply that people who highlight the existence of discriminatory policies as denigrating the qualifications of the groups favored by DEI preferences. I have generally not witnessed unqualified applicants being hired on account of DEI discrimination, rather it's mostly qualified men that aren't getting interviewed in order to prop up female representation percentages.