Woke, DEI promoter Dallas Mavericks owner Mark Cuban might be in hot water with the Equal Employment Opportunity Commission (EEOC) after posting a stupid tweet over the weekend regarding federal hiring.
As Outkick.com reported Monday, Cuban defended his hiring practices to an anonymous Twitter account called The Rabbit Hole who asked whether Cuban has hired people on the basis of demographics. The account noted doing so violates Title VII of the Civil Rights Act of 1964.
Cuban responded that he has never hired an individual exclusively based on race, gender, or religion. However, he apparently did admit that he uses “diversity” as a “competitive advantage” when deciding whether to hire job candidates.
I’ve never hired anyone based exclusively on race, gender, religion.
I only ever hire the person that will put my business in the best position to succeed.
And yes, race and gender can be part of the equation. I view diversity as a competitive advantage
The major problem with Cuban’s response is that he’s completely wrong on Title VII law. EEOC Commissioner Andrea Lucas schooled Cuban by pointing out that ethnicity and gender can’t play any “motivating factor” in hiring.
EEOC Commissioner here. Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here.
@mcuban, EEOC Commissioner here. Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here.
“Competitive advantage” = a motivating factor. In other words, Cuban may have admitted to an illegal hiring practice to his nearly nine million followers as Outkick.com notes.
Elon Musk, who dunked all over Mark Cuban on racist DEI practices earlier this month, responded to Lucas’s post in agreement.
Yes.
The point is not to replace one form of discrimination with another but to end discrimination.
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