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A conservative legal organization, America First Legal, spearheaded by Stephen Miller, a former advisor to President Donald Trump, has brought forth allegations of racial discrimination against Macy’s, targeting the retailer’s diversity initiatives. In a recent development, America First Legal filed a formal complaint with the U.S. Equal Employment Opportunity Commission (EEOC) asserting that Macy’s diversity plan, outlined in 2019, violates Title VII of the Civil Rights Act of 1964, which bars discrimination based on race.
The crux of the complaint centers on Macy’s strategy to attain greater diversity at the senior director level and above, aiming for a 30 percent representation of various ethnicities by 2025. This initiative further includes a leadership enhancement program spanning 12 months, specifically tailored for managers and directors of Black/African-American, Hispanic-Latinx, Native American, and Asian descent. America First Legal contends that these targeted efforts equate to unlawful discriminatory practices.
According to AFL’s statement addressed to the EEOC, Macy’s utilization of these directives perpetuates systemic discrimination, which contradicts federal civil rights laws. The organization asserts that Macy’s purported quotas and selective leadership programs breach legal boundaries, reinforcing their commitment to hiring policies that are potentially in violation of federal law.
Additionally, AFL has urged the EEOC to initiate a “commissioner charge” against Macy’s, a rare step, signifying the severity of the concerns raised. They have also dispatched a separate communication to Macy’s board of directors, explicitly flagging what they perceive as mismanagement issues. This communication has highlighted concerns about the potential misuse of company assets, disregard for federal civil rights laws, and breaches of fiduciary duty.
This legal challenge by America First Legal reflects a growing trend since the U.S. Supreme Court’s ruling against affirmative action in college admissions earlier this year. The organization appears to be increasingly scrutinizing and challenging corporate diversity initiatives, signaling a broader stance on issues concerning affirmative action and diversity efforts across various sectors.
