The Civil Rights Act of 1964 prohibits hiring discrimination on the basis of race. If whites and Orientals can prove that they are routinely discriminated against on behalf of Negroes who, objectively speaking, are less qualified, a conservative Supreme Court, which is what we have, is likely to find that preferential hiring in order to achieve diversity violates the Civil Rights Act of 1964, as well as the Fourteenth Amendment.
Okay, define "less qualified".
First and foremost, most people who don't get jobs NEVER know who did get the job or what criteria were used to select that person.
Now, this is something I know a lot about because I do career coaching and resume writing as a side business.
And I can tell you, the whole system is kind of flawed. DEI (which includes not only race but gender, veteran status, and disability) is just one of many factors that can get you rejected or accepted as a candidate.
Let's start with the advertisements themselves. Many of the postings you see on Indeed or Glassdoor don't represent a real job being offered. Some are put out there for legal purposes before they offer it to either an internal candidate or an H1B they've lined up who they can exploit the shit out of.
Now, let's move on to the resume. Human beings do not read resumes. They are read by a system known as "Applicant Tracking Software." If your resume has a grammatical error in it, REJECTED. Don't have the educational requirements they asked for? REJECTED. Lacks 4-10 keywords specific to the job? Rejected, or at least put to the bottom of the pile.
Most companies will make you fill out an online application even if you submit a resume. Why? Mostly to see your level of attention to detail and ability to follow instructions. Miss a block, your application is rejected.
When the human does read it, they spend about 30 seconds reading it. They only look at the job titles of your last two jobs and if you have the education. They get it down to about three candidates. I had one company that downsized me in 2001 call me back in 2011 because they didn't bother to read the whole resume to see I worked for them before. Nope. Just had the keywords they liked.
The next step is phone interviews. An HR Drone usually does this, but rarely the person making the hiring decision. If you pass that step, you might get an interview. No one person makes that decision. Why were you rejected? Maybe you wanted too much money. Maybe something about your demeanor turned one of the people interviewing you off.
So, in short, you have no idea who got the job, why they picked that person, or what his qualifications were. But you heard a black guy got the job, so you are going to sue!
Here's another reason why this won't happen. Getting your name attached to a lawsuit against an employer or potential employer is almost always a career killer. I had a very good case for age and medical discrimination against a certain former employer. The boss outright said I was "Too old" to be factored into the reorganization. In front of witnesses. But the last thing I wanted for the rest of my career was my name attached to a lawsuit. People think you are litigation-happy.