A conservative legal group is challenging workplace diversity policies at a major U.S. food company in what may be the first major challenge to such corporate programs in the wake of the Supreme Court striking down affirmative action in college admissions.
America First Legal, founded by Stephen Miller who previously worked as an advisor to then-President Donald Trump, filed the complaint against the Kellogg Company with the Equal Employment Opportunity Commission (EEOC) which investigates federal employment discrimination complaints.
The complaint alleges that Kellogg’s violated civil rights laws prohibiting discrimination "by seeking to ‘balance’ its workforce based on race, color, national origin, and sex. Instead of equality of opportunity, which Kellogg’s defines as ‘giving each person the same things,’ Kellogg’s employment practices are unlawfully based on ‘equity,’ which is a euphemism for illegal discrimination."
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America First Legal’s complaint goes on to cite several instances in which Kellogg’s illegally discriminated through its practices and policies, including its "Better Days’ Promise" that seeks to achieve "25% underrepresented talent at the management level" in the U.S. by 2025.
The group’s letter to the EEOC also took issue with an "accelerated development program for Racially Underrepresented Talent at the management level" that it alleges Kellogg’s operated through 2022, along with a "Chef in Residence" program that serves as a "paid postgraduate fellowship for Black chefs" to work with the company’s research and development team.
The Kellogg Company declined to weigh in on the specifics of America First Legal’s complaint with the EEOC but emphasized the company’s commitment to complying with laws and internal policies prohibiting discrimination.
"At Kellogg, our aspiration is to better reflect the diversity of our consumers ando strengthen our inclusive culture. We are committed to compliance with all applicable employment laws, and we have policies in place that prohibit workplace discrimination," the company told FOX Business in the statement.
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The America First Legal complaint against Kellogg’s could be the first opportunity for the EEOC to set a new precedent on corporations’ diversity, equity and inclusion (DEI) policies following the Supreme Court’s recent ruling that struck down affirmative action in college admissions.
In a decision that was divided along ideological lines, the Court’s conservative majority ruled 6-3 that Harvard University and the University of North Carolina violated the Equal Protection Clause of the Constitution’s Fourteenth Amendment by considering race in their admissions decisions.
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Aside from the recent Supreme Court decision, a shift in the balance of power on the EEOC adds uncertainty to the proceedings. The EEOC’s composition had been divided in recent years but recently gained a 3-2 majority of appointees selected by Democrats after President Joe Biden’s nominee, Kalpana Kotagal, was confirmed by the Senate on a 49-47 vote in July with all Republicans and Sen. Joe Manchin, D-W.Va., opposed.
"I think you’re going to see more cases like this, where either someone like America First or employees who feel that they’ve been discriminated against," Rob Wilson, president and co-founder of human resources outsourcing company Employco USA, told FOX Business. "This case is going to be watched pretty closely by corporate America just to see what direction EEOC goes at this point."
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Wilson explained that the parties are likely to go through a preliminary mediation process ahead of a potential hearing in the months ahead. He added that a resolution through mediation appears to be unlikely in this case and that he would "expect a hearing in the next six months."
If the case ultimately receives a hearing with the EEOC, it could end up in federal court if whichever party on the losing end of the EEOC’s ruling chooses to appeal.
Reuters contributed to this report.
