ng to put all of your energy into? Well if it's me I'm going to put all of my energy into diversity. Do you know why? Because it's measurable. At the end of the year they're going to look at your employee and it's either more diverse or it's not and you can know for sure if you succeeded or failed at that. So people will put all of their energy into what can be measured because the other part how did you do on your projects you know what you can do with that? Well okay my projects didn't work out well but it's definitely not because of anybody I hired who wasn't qualified it's because you didn't give me enough budget there was a problem with the supply chain the vendor lied to me and there was a sort of a macroeconomic problem and then there was the Red Sea there was the Houthis blew up the ship that increased our, right?

So if you're a mid-level manager talking to your boss and the boss says two things I want to check with your performance on your projects and your diversity you're going to nail the diversity because you can just go down lower and lower in the quality of employees because of the math not because of genetics not because of anybody's race just math and supply. You're going to lower the quality of your probable output to get the most measurable goal which is the diversity. So in the real world you don't get what Mark Cuban would like to get which is people saying yes I want diversity but in no way am I going to pick the lesser employee. That's a concept that's one button on the coffee maker and in the real world you'll pick the less qualified employee every time unless you're the lucky company that got to the small supply of qualified people that you're trying to add.

All right and Elon Musk summarized the entire conversation with two words and the two words are "Cuban." So I guess I could have shortcutted that but I don't think the problem is IQ obviously it's not IQ. I think whatever Mark Cuban is chasing is some combination of what he would like the public to see of him which is perfectly reasonable for a public figure and also probably a blind spot but maybe we can help with that.

All right Jonathan Turley tells us that here's another one of those concept versus practice. So Penn State there was a professor who was suing because he got put into a DEI program and he was a white guy and here are some of the things that we learned. This is from Turley's reporting. So the judge Judge Bystone wrote this in the opinion training on concepts such as white privilege white fragility implicit bias or critical race theory can contribute positively to nuanced important conversations about how to form a healthy and inclusive work environment. So that's what I said yeah diversity and understanding the whole area can help it can have some upside but oh there's a but there's a but. But the way these conversations are carried out in the workplace matters. Oh so in reality the concept doesn't work out so well. How did it work out in reality? Let's check reality according to this case. But the way these conversations carried out in the workplace matters. When employers talk about race any race with a constant drumbeat of essentialist deterministic and negative language they risk liability under federal law. In other words discriminate against white people is what she's trying to say or he's trying to say whoever this is I don't know the gender of the judge anyway. In her denial of the Penn State motion so they were trying to dismiss the case I guess. They mentioned how the DEI director emailed all employees calling on white people to feel terrible about their own internalized white supremacy and to hold other white people accountable. She also noted that the assistant vice provost of educational equity led the faculty in an exercise to hold their breath and then they told the white people to hold their breath longer so that they could feel the pain. They were literally torturing white men and