Anti-DEI Group Alleges that Publisher’s Policies Violate the Law

Over the past couple of decades, companies throughout the United States have focused on increasing the number employees from traditionally underrepresented groups. Though many people always felt that this constituted unlawful discrimination, there have been many recent developments that have bolstered efforts to combat what is often called “reverse discrimination.” One key milestone is the Supreme Court’s decision declaring that members of majority groups have the same legal rights in discrimination claims as anyone else. 

Another important development is guidance from the Equal Employment Opportunity Commission (EEOC) barring recruitment based on race, sex, religion or other legally protected traits. Perhaps in response, a conservative advocacy group has sent a letter to the EEOC alleging that a major publisher’s hiring practices are designed to exclude White men. America First Legal says that the Diversity Equity and Inclusion (DEI) policies at Penguin Random House constitute illegal favoritism benefiting certain groups.

One example cited by America First Legal is the fact that the publisher keeps records detailing the racial background of new hires. In a corporate message, Penguin Random House boasted about the fact that it has a higher rate of hiring individuals who are Black, Indigenous and People of Color (BIPOC) than competitors in the publishing industry. 

A DEI-related practice that might be subject to intense legal scrutiny is the use of race-based hiring goals. America First Legal says that Penguin Random House has established these benchmarks, along with incentives for employees who meet them.   

You might recognize some of the DEI practices used by Penguin Random House from your own employment experience. Should that be the case, it’s critical to act promptly, especially given the enhanced focus on reverse discrimination claims. It’s also important to remember that some diversity efforts are still permissible when they do not exclude members of a particular group. Speaking with an employment lawyer who concentrates on these issues can give you the information you need. 

Kardell Law Group represents workers in all types of employment discrimination matters, including cases where workers allege they were mistreated because they were not a member of a traditionally underrepresented group. To schedule a consultation, please call or contact us online.