Breccan F. Thies is an investigative reporter for the Washington Examiner. He previously covered education and culture issues at Breitbart News. A Virginia native, Thies graduated from the University of Virginia in 2019, where he earned a degree in foreign affairs and minored in history. You can follow him on X: @BreccanFThies.
The legality of corporate diversity, equity, and inclusion initiatives could come down to the difference between"race-conscious" and "race-based" decision-making, according to federal employment law enforcers.
Neither commissioner spoke for the EEOC, and the commission has not made a determination on DEI since the Supreme Court cases, but Lucas took a decidedly skeptical position on corporate motives for DEI goals for hiring, noting that many companies set goals to increase their environmental, social, and governance, or ESG, scores.
Corporate America came to a"single conclusion" that the only"right answer ... to societal or so-called 'systemic racism'" was to engage in policies that"benefit only a very specific and limited group, racial or ethnic group," Lucas said, adding that true diversity should be based on the person and includes non-race- or gender-related aspects such as viewpoints.
"I think it is a way for employers to keep themselves out of trouble for being sued for straightforward invidious discrimination because it enables them to identify practices that are erecting barriers," Samuels said, though she noted there is a"spectrum of risk" for employers who use the ideology and how overt they are in attaching recruiting and hiring to racial outcomes.
Lucas said most critics of DEI are less concerned with the"diversity" and"inclusion" aspects but are worried about"equity," which is outcomes-driven, not opportunity-driven.
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