Andrea Lucas, commissioner of the U.S. Equal Employment Opportunity Commission, spoke to FOX News Digital about billionaire businessman Mark Cuban’s viral tweet, saying it could lead to a lawsuit and that the public He said he was talking about one of the many misconceptions he had. About DEI.
“There’s certainly a lot of confusion around DEI programs and what can and cannot be done in terms of race and gender and other protected characteristics,” Lucas told FOX News Digital. He said the person’s viral tweet exemplifies the misconception that “as long as you act.” Don’t use race or gender as a positive or only factor. It’s okay to use it as a positive factor.”
“That’s fundamentally wrong,” she added.
“I only hire people who will put me in the best position to succeed in my business,” Cuban posted on X earlier this week. Social media uproar. “And yes, race and gender can be part of the equation. I think diversity is a competitive advantage.”
Left – Mark Cuban, Right – Andrea Lucas (Getty Images)
Mr. Lucas told Fox News Digital that Mr. Cuban’s views are open to potential litigation after X told Mr. Cuban that he was “completely wrong” about the law.
”If an employer, whether private or public, uses race, sex, or any other protected characteristic, particularly race or sex, as a factor in the decision-making process for employment decisions, that employer is subject to Title VII. , and the employee will suffer damages. If you can file a complaint with the EEOC and then have the right to sue, you can file a lawsuit in federal court,” Lucas said.
Lucas spoke to Fox News Digital about the idea of a diversity “quota.” controversial issue The company has partnered with a number of prominent companies and governments in recent years, and said that while “targeted” hiring is not prohibited by law, quotas may violate the law.
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Mark Cuban reacts after scoring late in the game against the Utah Jazz on Dec. 6, 2023, at American Airlines Center in Dallas, Texas. (Sam Hodde/Getty Images)
“The goal itself is not prohibited,” Lucas said. “However, if race, gender, or other protected characteristics are shown to be used as a factor in decision-making, they could end up breaking the law or being used as evidence of a violation of the law. There are a lot of quotas. There are definitely quotas,” is a direct violation of Title VII because it does not indicate that the goal is an actual requirement or hard goal, to hire this number of people or to promote this number of people. If so, it is a completely cosmetic violation. Title VII”
Lucas is I wrote it before As for how companies should view their diversity programs, he told Fox News Digital that some of the misconceptions about DEI stem from a misunderstanding of the language.
“So I think a lot of people hear the words diversity, equity and inclusion and they all sound like great concepts,” Lucas said. “I like fairness. Who doesn’t like fairness? I like equality. What’s wrong with fairness? But the emphasis has shifted from equal employment opportunity to fairness. There’s a reason why. Words have meaning, and fairness and equality have meaning.” They’re not the same concept. ”
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December 2, 2023. Dallas, Texas, USA. Dallas Mavericks owner Mark Cuban walked off the court after the Mavericks’ loss to the Oklahoma City Thunder at American Airlines Center. (Jerome Miron-USA TODAY Sports)
Lucas added: “I want to remind everyone that we are an Equal Employment Opportunity Commission, not an Equal Outcomes Commission. It’s just a fundamentally different mission. “Different results may occur at any given time. It is not mandated by the government.” “It’s a law that gets everyone to the exact same place. Importantly, employers can treat all employees in the same way, without relying on an employee’s skin color, gender, or any other protected characteristic. It means that it is being treated as
later cuban Posted in X He called Lucas’ conversation with EEOC Vice President Jocelyn Samuels an “interesting conversation” that showed “even sensible people can disagree on these issues.”
”Lucas responded to the post by saying, “Smart people cannot disagree about a fundamental principle of the law, and that principle is that there is no such thing as reverse racism.” There’s just discrimination. Discrimination based on race is always illegal. It doesn’t matter which group is referenced. It doesn’t matter which group is discriminating or being discriminated against. ”
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“There is no good form of racism, and another fundamental principle that no one disputes is that Title VII says that if race or gender is used as a motive, it is against the law. There is absolutely no objection to this.”
Lucas told FOX News Digital that he is “deeply concerned” that the recent DEI push is causing more problems than it solves.
“When people focus on equity-oriented solutions, they’re not actually fixing existing discrimination, they’re trying to fix existing discrimination by introducing more discrimination.” “It’s possible,” Lucas said. “But the cycle of discrimination never solves anything. Two wrongs never make a right. If people are concerned about barriers to certain groups in our society, equal opportunity That’s the way forward, and there’s a lot of ways to address that.” It’s about removing barriers that people may face in hiring, promoting, and firing, and removing barriers that are completely race-neutral and actually address the problem. ”
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“I’m very concerned that DEI is going to cause more problems than it actually solves.”
Fox News Digital reached out to Cuban for comment, but he did not respond.
Monday afternoon, Cuba Posted in X He said he would “never” hire someone based on the color of their skin if the two people are equally qualified.
“But remember that two people are rarely completely equal,” Cuban added. “In fact, it’s almost impossible for that to happen. People aren’t clones. It’s always a matter of judgment, and we always hire people who put the company in the best position for success.”
