America First Legal calls for investigation into alleged ‘systemic discrimination’ at IBM
Former Trump Adviser’s Foundation Calls for Investigation into IBM’s Diversity Policies
The foundation led by former Trump adviser Stephen Miller, America First Legal (AFL), has made a formal request to the Equal Employment Opportunity Commission (EEOC) to investigate IBM over its alleged discriminatory employment and executive pay practices. AFL claims that IBM’s actions violate the 1964 Civil Rights Act, which prohibits discrimination based on sex, religion, or race.
AFL’s request, consisting of a five-page letter, highlights video footage from X (formerly known as Twitter) where IBM CEO Arvind Krishna and IBM subsidiary Red Hat Inc. CEO Paul Cormier discuss executive pay in relation to the advancement of diversity, equity, and inclusion (DEI) practices within the company.
“You got to move both forward by a percentage that leads to a plus on your bonus, and by the way, if you lose, you lose part of your bonus,” Krishna stated in the video, referring to the hiring of Latinos. “Asians are not an underrepresented minority in tech in America. … I’m not going to finesse this. For blacks, we should try to get towards 13%.”
The footage also reveals that Cormier has already terminated employees who refused to comply with the DEI policy. AFL argues that these statements and actions demonstrate IBM’s commitment to discriminatory practices.
In addition to the video evidence, AFL included IBM’s 2022 environmental, social, and governance report, which outlines an annual “incentive program” incorporating a “diversity modifier” to emphasize the company’s dedication to DEI practices.
“Rarely do you have such extreme, blatant statements on video documenting the extent to which this is happening everywhere,” stated AFL’s vice president and general counsel, Gene Hamilton. “Apparently, based on the video and the publicly available material on its website, the senior leadership at IBM is wholly committed to discriminating against Americans as a matter of formal corporate policy. This cannot stand.”
Hamilton sent the letter to the EEOC and also addressed a separate letter to Krishna, notifying him of the alleged violations. The Washington Examiner has reached out to IBM for comment.
How does IBM defend its diversity policies and their alignment with applicable laws and regulations in response to AFL’s request for an investigation
Letter sent to the EEOC on behalf of AFL argues that IBM’s diversity policies, specifically its practices related to hiring, promotion, and compensation, may be in violation of federal employment laws.
AFL alleges that IBM’s diversity initiatives, which aim to increase the representation of women and minorities in the workplace, may result in the exclusion or marginalization of individuals based on their race, gender, or political affiliations. The foundation asserts that such policies, rather than promoting equality and inclusivity, could inadvertently lead to discrimination against certain individuals who do not fit the preferred demographic profile.
Stephen Miller, a staunch conservative and former senior policy advisor to President Donald Trump, founded AFL with the goal of challenging what it perceives as liberal overreach in areas such as immigration, civil rights, and diversity policies. Miller and his foundation have consistently criticized affirmative action programs and other diversity initiatives, arguing that they perpetuate a form of reverse discrimination.
IBM, a multinational technology company known for its innovations in computing and artificial intelligence, has been at the forefront of promoting greater diversity and inclusion in the tech industry. The company has committed to increasing the representation of women and minorities in its workforce, recognizing the benefits of a diverse and inclusive workplace in fostering innovation and success.
In response to AFL’s request for an investigation, IBM has defended its diversity policies, emphasizing their alignment with applicable laws and regulations. The company maintains that its initiatives are aimed at removing barriers and promoting equal opportunities for all employees. IBM asserts that it seeks to create a work environment where individuals from diverse backgrounds can thrive and contribute their unique perspectives.
The request from AFL to investigate IBM’s diversity policies not only highlights the contentious nature of such initiatives but also raises important questions about the balance between promoting diversity and avoiding potential discrimination. While proponents argue that diversity initiatives are necessary to rectify past inequalities and create a more equitable society, critics view them as unnecessary and potentially harmful, asserting that they disadvantage certain individuals based on factors beyond their control.
The EEOC plays a crucial role in protecting individuals from employment discrimination and enforcing federal laws. It will now have to consider AFL’s request and determine whether there are sufficient grounds to investigate IBM. The outcome of this request could set an important precedent for how diversity initiatives are viewed and regulated in the future.
As the debate around diversity and affirmative action continues, it is essential to find a balance that promotes equality without unfairly disadvantaging certain individuals. The outcome of this investigation, and any subsequent actions taken by the EEOC or IBM, will undoubtedly have far-reaching implications for the business world, as well as for the ongoing dialogue on diversity, inclusion, and equal opportunity.
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