“Companies may need to be ready to defend themselves.”
August 9, 2023 11:58 AM Subscribe
The Legal Assault on Corporate Diversity Efforts Has Begun [WSJ gift link] "Employment lawyers say it is likely a matter of time before one of these cases reaches the Supreme Court." Last month, a group of GOP state attorneys general sent a letter to Fortune 100 companies warning them against "race-based preferences in hiring, promotions and contracting." [gift link] The Democratic Attorneys General Association responded with their own letter "pushing back against claims that common efforts to diversify workplaces violate state or federal discrimination laws."
Starbucks, Amazon and Comcast are already dealing with, or have settled, lawsuits.
Cable giant Comcast limited a small-business grant program to companies at least 51% owned and operated by someone identifying as Black, indigenous, a person of color, or female—people the company said had been disproportionately affected by the coronavirus pandemic.
The Wisconsin Institute for Law and Liberty, in suing Comcast in April 2022, cited the 1866 Civil Rights Act. One provision often referred to as Section 1981 says all Americans should have the same rights to sue and enforce contracts “as is enjoyed by white citizens.” The Wisconsin Institute...essentially turned that section on its head by gathering several white, male business owners as plaintiffs.
In mid-September, when Comcast announced the next round of grants, it opened the program to all small businesses. Two months later, Comcast settled the litigation.
Starbucks, Amazon and Comcast are already dealing with, or have settled, lawsuits.
Cable giant Comcast limited a small-business grant program to companies at least 51% owned and operated by someone identifying as Black, indigenous, a person of color, or female—people the company said had been disproportionately affected by the coronavirus pandemic.
The Wisconsin Institute for Law and Liberty, in suing Comcast in April 2022, cited the 1866 Civil Rights Act. One provision often referred to as Section 1981 says all Americans should have the same rights to sue and enforce contracts “as is enjoyed by white citizens.” The Wisconsin Institute...essentially turned that section on its head by gathering several white, male business owners as plaintiffs.
In mid-September, when Comcast announced the next round of grants, it opened the program to all small businesses. Two months later, Comcast settled the litigation.
"The only racism that matters is when you notice racism and try to do something about it" - SCOTUS
posted by NotAYakk at 12:03 PM on August 9, 2023 [16 favorites]
posted by NotAYakk at 12:03 PM on August 9, 2023 [16 favorites]
What's frustrating to me is that affirmative action and expectations of diversity to participate came to be because our colleges, businesses, and governments were So. Freaking. Racist. to begin with.
This isn't even a thinly veiled attempt, it's an almost blatantly explicit attempt to allow that racism back into our society. Nobody's even trying to say "we'll be better about race and gender now", they're just pointing a finger, calling AffermativeAction/titleIX/etc racist or bigotry, and expecting it to go away so they can do whatever they want.
posted by AzraelBrown at 12:23 PM on August 9, 2023 [26 favorites]
This isn't even a thinly veiled attempt, it's an almost blatantly explicit attempt to allow that racism back into our society. Nobody's even trying to say "we'll be better about race and gender now", they're just pointing a finger, calling AffermativeAction/titleIX/etc racist or bigotry, and expecting it to go away so they can do whatever they want.
posted by AzraelBrown at 12:23 PM on August 9, 2023 [26 favorites]
"Free market should definitely and always decide until it decides something we don't like . . . "
posted by flamk at 12:50 PM on August 9, 2023 [13 favorites]
posted by flamk at 12:50 PM on August 9, 2023 [13 favorites]
It's been very weird for me to see several of my colleagues and former bosses. (white dudes all 40-50) go from being socially liberal yet lightly libertarian/free market leaning to full throated vocal advocates that trans rights and DEI efforts are a war on white men and that they're bad and "go woke, go broke" nonsense.
None of these guys is ignorant of history, they just seem to have fully embraced the idea that showing people what happened and trying to do something about it is "denigrating America and making us weak". Since I've worked in the entertainment field for a long while, not too shocking they're not anti-gay/queer folks, but they've fully embraced the "Trans rights = suppression of women's rights" and minorities are being dramatic and "safe spaces" are making people weak
It's a weird damn brain Muskian/Rogan/Dan Crenshaw brain worm.
posted by drewbage1847 at 1:05 PM on August 9, 2023 [12 favorites]
None of these guys is ignorant of history, they just seem to have fully embraced the idea that showing people what happened and trying to do something about it is "denigrating America and making us weak". Since I've worked in the entertainment field for a long while, not too shocking they're not anti-gay/queer folks, but they've fully embraced the "Trans rights = suppression of women's rights" and minorities are being dramatic and "safe spaces" are making people weak
It's a weird damn brain Muskian/Rogan/Dan Crenshaw brain worm.
posted by drewbage1847 at 1:05 PM on August 9, 2023 [12 favorites]
This is going to lead to a narrative that ties this to unions. And it will be used to try to split unions among racial lines.
posted by MonsieurPEB at 1:14 PM on August 9, 2023 [11 favorites]
posted by MonsieurPEB at 1:14 PM on August 9, 2023 [11 favorites]
This isn't even a thinly veiled attempt, it's an almost blatantly explicit attempt to allow that racism back into our society.
Yes, and don't think they're going to be happy merely allowing that racism back into our society. The next step is absolutely going to be suing companies for any hiring or subcontracting of a Black or out LGBTQ applicant or firm, accusing them of committing the unpardonable sin of mistreating stockholders.
posted by Etrigan at 1:14 PM on August 9, 2023 [4 favorites]
Yes, and don't think they're going to be happy merely allowing that racism back into our society. The next step is absolutely going to be suing companies for any hiring or subcontracting of a Black or out LGBTQ applicant or firm, accusing them of committing the unpardonable sin of mistreating stockholders.
posted by Etrigan at 1:14 PM on August 9, 2023 [4 favorites]
lightly libertarian/free market
That was the sign all along. Libertarians were always Republicans who liked weed.
posted by Abehammerb Lincoln at 1:18 PM on August 9, 2023 [18 favorites]
That was the sign all along. Libertarians were always Republicans who liked weed.
posted by Abehammerb Lincoln at 1:18 PM on August 9, 2023 [18 favorites]
It's been very weird for me to see
I use this language all. the. time. and it's time to stop
because none of this is weird. this is what FOLLOWS, this is what is coming for all of us if we don't fight
posted by elkevelvet at 1:19 PM on August 9, 2023 [13 favorites]
I use this language all. the. time. and it's time to stop
because none of this is weird. this is what FOLLOWS, this is what is coming for all of us if we don't fight
posted by elkevelvet at 1:19 PM on August 9, 2023 [13 favorites]
Meanwhile Clarence is sitting with a snifter and a cigar underneath some weird-ass statue with a bunch of his friends, laughing jovially about something entirely trivial.
posted by hippybear at 1:28 PM on August 9, 2023 [5 favorites]
posted by hippybear at 1:28 PM on August 9, 2023 [5 favorites]
It's the fucking nazis all over again... I know, I know, it sounds hyperbolic but if it looks like a duck and quacks like a duck. I just hope to god America can vote its way out of this. Also, the left needs to get a better PR machine.
posted by From Bklyn at 1:37 PM on August 9, 2023 [5 favorites]
posted by From Bklyn at 1:37 PM on August 9, 2023 [5 favorites]
They'll be coming after women-only, Black-only and queer-only spaces next.
posted by mediareport at 1:53 PM on August 9, 2023 [5 favorites]
posted by mediareport at 1:53 PM on August 9, 2023 [5 favorites]
I use this language all. the. time. and it's time to stop because none of this is weird.The "weird" aspect for me is seeing this happen with folks I respected, knew as intelligent and generally thoughtful and would never have grouped into being vulnerable to this sort of thinking.
And then seeing how fast the slide has been from "taxes suck" (my dude, "taxes suck" has been the perpetual cry since the state was first formed and you're not rocking a new revelation) to "they're coming for white men! go woke, go broke!" (While also simultaneously praising the Barbie movie for being successful "despite being so PC", which is a twisty turny thing because they're mad at Disney or something for too many Marvel movies and screwing up the Star Wars franchise.)
Seems like far less of a headache to recognize that people asking to be respected and heard is a matter of courtesy not blame.
posted by drewbage1847 at 2:18 PM on August 9, 2023 [2 favorites]
Companies are absolutely not interested in defending themselves. Ther upper management didn't ever want to do any of it in the first place and only did it because they thought they had to, and had to talk about it like they didn't think it was stupid. They will very happily discontinue these efforts.
I would be stunned if any major company seriously went to court to defend their DEI programs. They'll just settle and kill the programs.
posted by potrzebie at 2:51 PM on August 9, 2023 [8 favorites]
I would be stunned if any major company seriously went to court to defend their DEI programs. They'll just settle and kill the programs.
posted by potrzebie at 2:51 PM on August 9, 2023 [8 favorites]
They'll be coming after women-only, Black-only and queer-only spaces next now.
Man behind Supreme Court Affirmative Action Decision Targets VC Fund Supporting Black Women-Owned Businesses
posted by Mchelly at 3:15 PM on August 9, 2023 [8 favorites]
Man behind Supreme Court Affirmative Action Decision Targets VC Fund Supporting Black Women-Owned Businesses
posted by Mchelly at 3:15 PM on August 9, 2023 [8 favorites]
If the company wants a certain demographic makeup, they'll find a way to do it, DEI or no. DEI was brought in under the aegis of HR, the least liked part of any company, and I suspect that those who are not pale and male and don't work in HR don't benefit much from it--it just becomes another way to fall under suspicion of being a token hire.
I have to say that I'm jaded, an old workplace stood up a bunch of DEI efforts, which were promptly used as the reason why a coworker couldn't get a promotion. If she was really a hard worker, really committed, she would be a member of the Latinx outreach club--as told to her by her white boss! They could have saved the money and just been normally racist from the jump and the outcome would have been exactly the same.
posted by kingdead at 7:12 PM on August 9, 2023 [2 favorites]
I have to say that I'm jaded, an old workplace stood up a bunch of DEI efforts, which were promptly used as the reason why a coworker couldn't get a promotion. If she was really a hard worker, really committed, she would be a member of the Latinx outreach club--as told to her by her white boss! They could have saved the money and just been normally racist from the jump and the outcome would have been exactly the same.
posted by kingdead at 7:12 PM on August 9, 2023 [2 favorites]
>" It's the fucking nazis all over again... I know, I know, it sounds hyperbolic but if it looks like a duck and quacks like a duck. just hope to god America can vote its way out of this."
Vote it's way out of the nazis?
posted by Grimp0teuthis at 11:06 PM on August 9, 2023 [3 favorites]
Vote it's way out of the nazis?
posted by Grimp0teuthis at 11:06 PM on August 9, 2023 [3 favorites]
What did Comrad Stalin say? Something about the class struggle growing ever sharper as the bourgeoisie draw ever nearer to extinction?
If cultural forces could be personified, this is white supremacy fighting for its life like a cornered rat.
posted by Aardvark Cheeselog at 10:31 AM on August 10, 2023 [1 favorite]
If cultural forces could be personified, this is white supremacy fighting for its life like a cornered rat.
posted by Aardvark Cheeselog at 10:31 AM on August 10, 2023 [1 favorite]
Yes 'vote' - to pass legislation to close the ways these shitheads gaming the system for their racist, recidivist ways.
posted by From Bklyn at 4:35 AM on August 11, 2023
posted by From Bklyn at 4:35 AM on August 11, 2023
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We write to reassure you that corporate efforts to recruit diverse workforces and create inclusive work environments are legal and reduce corporate risk for claims of discrimination.
Democratic attorneys general from seven states on Wednesday promised legal defense to companies whose diversity, equity and inclusion initiatives face challenges by Republican officials.
posted by mediareport at 12:02 PM on August 9, 2023 [3 favorites]