DEI IS ILLEGAL

I have said it many times over the years: DEI, like affirmative action before it, is not just immoral. It is illegal, at least in employment and education. But for many years, the law went unenforced. That changed with the Supreme Court’s decision in the Harvard and North Carolina cases, the most important decision of recent years. The Court held that the Constitution and the Civil Rights Act mean what they say: race and sex discrimination are illegal.

That decision empowered the Trump administration to take action against the discriminatory policies that have been rampant in both the corporate world and academia. Thus, the Department of Justice has just announced a settlement with IBM:

International Business Machines Corporation (IBM) has agreed to pay the United States $17,077,043, inclusive of civil penalties, to resolve allegations that it violated the False Claims Act by failing to comply with anti-discrimination requirements in its federal contracts due to practices the United States contends discriminated against employees and applicants for employment because of race, color, national origin, or sex.

Most federal contracts contain provisions that require contractors to comply with anti-discrimination requirements as to employees and applicants for employment. As a condition to being a federal contractor, the company must certify that it will not discriminate against an employee or applicant for employment because of race, color, national origin, or sex and must further certify that it will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, national origin, or sex. The settlement resolves allegations that IBM failed to comply with these requirements and knowingly maintained practices that the United States contends were discriminatory employment practices.

No doubt most large companies that have contracts with the federal government have certified that they do not discriminate, while in fact engaging in what they considered to be benign discrimination. The government has not just accepted but encouraged this deception.

“Racial discrimination is illegal, and government contractors cannot evade the law by repackaging it as DEI,” said Acting Attorney General Todd Blanche. “The Department launched the Civil Rights Fraud Initiative to root out this misconduct, hold offenders accountable, and end this practice for good.”

The settlement agreement itself is here. These are instance of IBM’s discriminatory practices:

Most major companies have engaged in such practices, which have generally been considered praiseworthy. While most Americans do not approve of race discrimination, both the corporate world and academia have been openly partial to the “right” kind of discrimination.

The Acting Attorney General wants to end race and sex discrimination “for good,” but that is an optimistic goal. If a Democrat wins the White House in 2028, our anti-discrimination laws will again be unenforced, and corporate America will likely–and academia, will certainly–resume its discriminatory ways.

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