(Reuters) - Activision Blizzard Inc and Kellogg Co have joined a growing list of major U.S. companies facing claims by a group founded by former Trump administration officials that efforts to diversify their workforces amount to illegal discrimination.
America First Legal this week urged the US Equal Employment Opportunity Commission (EEOC) to investigate the alleged use of gender and racial preferences in Activision's recruitment and internship programs after filing a similar complaint against Kellogg last week.
America First has filed complaints with the EEOC against Starbucks Corp, McDonald's Corp, Morgan Stanley, Anheuser-Busch Companies LLC and Hershey Co, among other companies identified on its website as "woke corporations."
The group is led by Stephen Miller, who was a senior adviser to former Republican President Donald Trump, known for his tough stance on immigration. Board members include former Trump Chief of Staff Mark Meadows and former Acting US Attorney General Matthew Whitaker. The complaints come as many experts expect problems with corporate diversity programs to rise following a June U.S. Supreme Court ruling that banned race-based college admissions policies.
According to Rick Rossein, a professor at the City University of New York School of Law, the increased scrutiny underscores the competing pressures companies face to implement diversity initiatives but also to keep them at bay amid conservative backlash. Legal complaints like those filed by America First could make employers more cautious, he said. "There's definitely a deep psychological effect that's holding back progress on diversity in the workplace," Rossein said.
America First's complaints allege a series of recruitment, promotion and contracting schemes. These include Starbucks' initiative designed to increase diversity in senior management and McDonald's policy of evaluating executives based in part on their efforts to diversify the company's workforce.
America First also filed lawsuits accusing Target Corp and Progressive Insurance of breaching their duties to shareholders by adopting diversity programs and progressive marketing campaigns, such as celebrating LGBTQ Pride Month.
Kellogg said in a statement that it complies with employment laws and has an anti-discrimination policy in place. Hershey said in a statement that it does not tolerate discrimination and that "we believe our business is stronger when we are inclusive."
Activision and Morgan Stanley declined to comment. The other companies did not respond to requests for comment. It's hard to say whether the EEOC, which enforces federal workplace discrimination laws and currently has a Democratic majority, will take up America First's complaint.
Agency investigations are usually prompted by worker complaints. But its five commissioners, who are appointed by the president, can file their own complaints, which can lead to investigations and lawsuits. So-called "commissioner charges" are relatively rare, with 29 filed last year and only three in the previous two years.
Commissioner Andrea Lucas, a Trump appointee, filed a dozen charges last year, more than any of her colleagues. Lucas said that poorly planned diversity programs can be illegal and that the Supreme Court's ruling on affirmative action should be a wake-up call to employers that they cannot include racial or gender preferences in workplace policies.
Lucas declined to comment on whether she is considering filing charges against any company related to its diversity, equity and inclusion (DEI) policies. EEOC commissioners are prohibited by law from confirming the existence of a specific charge or investigation.
Gene Hamilton, America First's vice president and general counsel and a former Trump administration lawyer, said in a statement that it is clearly illegal for companies to "obsess" about the demographics of their employees. "Larger corporations . apparently don't care so much about the quality of the products they make, but about the race and gender of the employees who make their products," he said.
Recently, the area of corporate diversity has taken center stage as companies strive to foster an inclusive environment. However, the landscape has been marred by controversy as some former Trump administration officials have voiced criticism of the efforts. This article delves into the criticisms of these individuals and examines the impact on corporate diversity initiatives.
Understanding the dispute
The discourse on diversity in corporations has gained momentum with a focus on promoting equality regardless of race, gender or background. Still, some former Trump administration officials have expressed concerns about the effectiveness and intent of these initiatives. These critics argue that corporate diversity measures can inadvertently lead to reverse discrimination or tokenism. corporate diversity, Trump administration officials, diversity initiatives, reverse discrimination, tokenism
The view of the critics
Ex-officials say that while the intent behind corporate diversity initiatives is laudable, the methods used can have unintended consequences. They express concern that hiring decisions may favor factors such as race or gender over qualifications, leading to a merit deficit. hiring decisions, meritocracy, corporate diversity initiatives
A solution to tokenism
Another concern raised by these former officials is the potential for tokenism—the practice of inducting individuals solely for their demographic characteristics rather than their qualifications. Critics say it could undermine the credibility of diversity initiatives because it portrays the mere appearance of inclusion without real change. tokenism, true inclusion, diversity credibility
The reverse discrimination debate
A hotly debated topic arising from these criticisms is the concept of reverse discrimination. Critics suggest that initiatives favoring underrepresented groups could inadvertently disadvantage others. They argue that affirmative action can lead to a situation where individuals from majority groups face adversity because of their identity. reverse discrimination, affirmative action, majority groups
Impact on corporate diversity initiatives
While the criticism leveled by former Trump administration officials has sparked dialogue, it is important to recognize that corporate diversity initiatives remain critical to promoting fair workplaces. Diversity advocates say these initiatives are designed to correct systemic biases that have persisted for generations. fair workplaces, systemic biases, promoting corporate diversity
The criticism leveled by former Trump administration officials has fueled a conversation about the complexities surrounding corporate diversity initiatives. While their concerns about reverse discrimination, tokenism and meritocracy are valid, diversity advocates argue that these criticisms should not undermine the fundamental goal of creating a more inclusive work environment. The key to addressing these issues and promoting lasting change is finding a balance between promoting diversity and maintaining a merit-based approach.
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