{"id":4182,"date":"2023-07-04T09:19:21","date_gmt":"2023-07-04T14:19:21","guid":{"rendered":"https:\/\/nakedpolitics.net\/?p=4182"},"modified":"2023-07-04T09:19:21","modified_gmt":"2023-07-04T14:19:21","slug":"if-racial-preferences-in-college-admissions-are-violate-14th-amendments-equal-protection-then-so-do-esgs-diversity-equity-and-inclusion-racial-and-gender-hiring-q","status":"publish","type":"post","link":"https:\/\/nakedpolitics.net\/?p=4182","title":{"rendered":"If racial preferences in college admissions are violate 14th Amendment\u2019s equal protection, then so do ESG\u2019s \u2018diversity, equity and inclusion\u2019 racial and gender hiring quotas"},"content":{"rendered":"<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-full is-resized\"><img decoding=\"async\" src=\"data:image\/svg+xml,%3Csvg%20xmlns='http:\/\/www.w3.org\/2000\/svg'%20viewBox='0%200%20715%20507'%3E%3C\/svg%3E\" data-lazy-src=\"https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/07\/image-21.png\" alt=\"\" class=\"zeen-lazy-load-base zeen-lazy-load wp-image-4183\" width=\"715\" height=\"507\"\/><noscript><img decoding=\"async\" src=\"https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/07\/image-21.png\" alt=\"\" class=\"wp-image-4183\" width=\"715\" height=\"507\" srcset=\"https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/07\/image-21.png 627w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/07\/image-21-300x213.png 300w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/07\/image-21-293x208.png 293w, https:\/\/nakedpolitics.net\/wp-content\/uploads\/2023\/07\/image-21-390x277.png 390w\" sizes=\"(max-width: 715px) 100vw, 715px\" \/><\/noscript><\/figure>\n<\/div>\n\n\n<p class=\"wp-block-paragraph\">It\u2019s a simple ruling: \u201cEliminating racial discrimination means eliminating all of it.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">On June 29, the Supreme Court affirmed Title VI of the Civil Rights Act,&nbsp;<a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/42\/2000d\">42 U.S. Code \u00a7 2000d\u2019s<\/a>&nbsp;prohibition on racial discrimination in federally funded programs, including higher education, at both public and private universities, in the&nbsp;<em><a href=\"https:\/\/www.supremecourt.gov\/opinions\/22pdf\/20-1199_hgdj.pdf\">Students for Fair Admissions v. Harvard<\/a><\/em>&nbsp;decision.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The law itself is clear: \u201cNo person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And that\u2019s exactly what Harvard College and the University of North Carolina (UNC) \u2014 and colleges and universities across the country \u2014 have been doing for decades by offering racial preferences in school admissions to hit quotas. The formulas used in these cases discriminated on their face against white and Asian students.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Nobody disputed that Harvard and UNC were receiving federal funding. Nobody challenged that Title VI applied to the funding. Nobody contested that it disadvantaged certain students on the basis of race.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And nobody disputed Congress\u2019 authority to enact Title VI under a clear mandate in the 14th Amendment in Section 1 that \u201cNo state\u2026 deny to any person within its jurisdiction the equal protection of the laws\u201d and Section 5 that \u201cThe Congress shall have the power to enforce, by appropriate legislation, the provisions of this article\u201d and that Article I of the Constitution grants Congress the power of the purse to determine the terms and conditions for receipt of federal funds.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">With such clear provisions of law, how could the court rule any other way? In Chief Justice John Roberts\u2019 words, it was only through judicial \u201cimprovisation\u201d that an altogether different interpretation of the 14th Amendment included precedents that have now been struck down, including 1978\u2019s&nbsp;<em><a href=\"https:\/\/caselaw.findlaw.com\/court\/us-supreme-court\/438\/265.html\">California v. Bakke<\/a><\/em>, which had held that federally funded institutions could discriminate on the basis of race if the intent was to advantage groups that had been historically discriminated against. No more.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And so, now the court is returning to an original understanding of the provisions of the 14th Amendment as a measure of equal protection \u2014 and with equal meaning equal. No discrimination on any side, restoring what was the law of the land all along and in so doing, have provided the means to countering other discriminatory practices that have come out this era of \u201cjudicial improvisation.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Undoubtedly that will come to include radical corporations\u2019 discriminatory and racist hiring practices, which, just like college admissions, seek to redress historical racial injustices.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In short, if racial preferences in college admissions are unconstitutional under 14th Amendment equal protection, then so are those by corporations today via their \u201cdiversity, equity and inclusion\u201d racial and gender hiring quotas, one of the cornerstones of the Environmental, Social and Governance (ESG) investment model that seeks not profit, per se, but through ownership of companies to impose certain social agendas.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Today, the question of reverse discrimination posed by ESG\u2019s Diversity &amp; Inclusion corporate policies might be decided differently by today\u2019s Supreme Court more than 40 years later. It would be up to those fired or cancelled to make the case they were discriminated against on the basis of race and\/or sex.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">As it is, corporate America\u2019s racial and gender diversity preferences in favor of women and minorities, including at America\u2019s biggest entertainment companies absolutely \u201cdiscriminate[s] \u2026 because of such individual\u2019s race, color, religion, sex, or national origin.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Just look at media and the entertainment industry.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">AT&amp;T first included D&amp;I objectives in Sept. 2018 after its then-merger with Time Warner (it has since divested WarnerMedia to Discovery) was completed.&nbsp;<a href=\"https:\/\/investors.att.com\/~\/media\/Files\/A\/ATT-IR-V2\/financial-reports\/annual-reports\/2018\/complete-2018-annual-report.pdf\">In its 2018 report, AT&amp;T\u2019s then-CEO Randall Stephenson announced the company\u2019s new Diversity &amp; Inclusion Policy<\/a>, \u201cI am proud of our commitment to a diverse and inclusive workforce. WarnerMedia\u2019s new Diversity &amp; Inclusion Policy, announced in September, is a pioneering media industry commitment to give more opportunities to women, people of color and individuals from other underrepresented groups \u2013 both in front of and behind the camera.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">As for the other companies,&nbsp;<a href=\"https:\/\/thewaltdisneycompany.com\/app\/uploads\/2021\/01\/2020-Annual-Report.pdf#page=4\">Disney, which owns Marvel Comics, states in its 2020 report<\/a>, \u201cDiversity and inclusion (D&amp;I). Our [Diversity &amp; Inclusion] D&amp;I objectives are to build teams that reflect the life experiences of our audiences, while employing and supporting a diverse array of voices in our creative and production content. Established six pillars that serve as the foundation for our D&amp;I commitments \u2013 transparency, accountability, representation, content, community, and culture. Created a pipeline of next-generation creative executives from underrepresented backgrounds through programs such as the Executive Incubator, Creative Talent Development and Inclusion (CTDI), and the Disney Launchpad: Shorts Incubator. Championed targeted development programs for underrepresented talent. Hosted a series of culture-changing, innovation and learning opportunities to spark dialogue among employees, leaders, Disney talent and external experts. Sponsored over 70 employee-led Business Employee Resource Groups (BERGs) that represent and support the diverse communities that make up our workforce. The BERGs facilitate networking and connections with peers, outreach and mentoring, leadership and skill development and cross-cultural business.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/investors.mattel.com\/static-files\/0411d949-17af-4960-aefe-181088ec192a#page=7\">Mattel, which owns properties like He-Man, in its 2020 report stated its Diversity &amp; Inclusion commitments<\/a>: \u201cAs a purpose-driven company, we have raised the bar on our commitment to corporate citizenship\u2026 Diversity, Equality and Inclusion (\u201cDEI\u201d) is another key priority for Mattel, and we are building on our long heritage in this important area by continuing to advance our DEI efforts across the Company and representing diversity and inclusivity in our products.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Discovery, which will control WarnerMedia including DC Comics in 2022,&nbsp;<a href=\"https:\/\/s27.q4cdn.com\/187472364\/files\/doc_financials\/2020\/ar\/DISCA-2020_12_31_10K_Q4_Filed_copy.pdf\">in its 2020 report announced its own Diversity &amp; Inclusion objectives<\/a>: \u201cOur DE&amp;I objective is to foster a culture of equity, inclusion, and mutual respect. In 2020 we emphasized our DE&amp;I focus through Mosaic \u2013 our Diversity, Equity and Inclusion activation. Mosaic covers a range of initiatives, including: Unconscious Bias, Respect &amp; Integrity; Allyship; Recruitment and Career Development; Content Diversity; Supplier Diversity; and Social Impact. We sponsor over 30 chapters of Employee Resource Groups (\u201cERGs\u201d) across the globe with more than 2,500 members. ERGs draw upon their collection of unique experiences to help drive our mission of fostering a diverse and inclusive environment and provide important insights to our diversity, equity and inclusion initiatives\u2026 We have a department dedicated to social good that builds and oversees consumer and employee-facing initiatives and campaigns. We leverage our platforms, resources, and employee base to make an impact in our communities and with our key nonprofit partners. We have corporate partnerships aimed at addressing childhood hunger, racial injustice and wildlife preservation.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And&nbsp;<a href=\"https:\/\/investor.hasbro.com\/static-files\/500c9a4b-eaa0-44e4-9277-cb95e99a6927#page=5\">Hasbro in its 2020 report<\/a>&nbsp;announced explicit racial and gender hiring quotas: \u201cDiversity &amp; Inclusion Goals: Increase the percentage of women in director and above roles globally to 50% by 2025. Expand ethnically and racially diverse employee representation in the U.S. to 25% by 2025. Include a 50% diverse slate of candidates for all open U.S. positions where there is underrepresentation.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">From a personnel point of view, when big mergers happen alongside the institution of Diversity &amp; Inclusion policies, while, male, conservative Republicans are purged if they dare speak up. Or maybe the work just dries up.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And it\u2019s not isolated to just the entertainment industry. It\u2019s across the board.&nbsp;<a href=\"https:\/\/www.pfizer.co.jp\/pfizer\/company\/documents\/Pfizer_ESG_Report_2020.pdf\">A March 2021 ESG&nbsp;Report by Pfizer<\/a>&nbsp;set 2025 \u201copportunity parity goals\u201d including \u201cincreasing our minority representation from 19% to 32% and doubling the underrepresented population of African Americans\/Blacks and Hispanics\/Latinos.\u201d Those are racial hiring quotas.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">But Diversity &amp; Inclusion goals go even further than just violating Title VII of the Civil Rights Act.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It impacts social media, too. For example, prior to the purchase of Twitter by Elon Musk, and flush with billions of dollars of capital from ESG investing, social media platforms like Twitter have pursued&nbsp;<a href=\"https:\/\/about.twitter.com\/content\/dam\/about-twitter\/en\/company\/global-impact-2020.pdf#page=28\">aggressive Diversity &amp; Inclusion<\/a>&nbsp;and other politically charged objectives, including censorship.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Diversity hiring quotas like these appear to squarely run afoul of the&nbsp;<a href=\"https:\/\/www.eeoc.gov\/statutes\/title-vii-civil-rights-act-1964\">1964 Civil Rights Act\u2019s prohibition on employment discrimination on the basis of race or sex<\/a>: \u201cIt shall be an unlawful employment practice for an employer\u2026 to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual\u2019s race, color, religion, sex, or national origin; or \u2026 to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual\u2019s race, color, religion, sex, or national origin.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">However, thanks to the 1979 ruling by the Supreme Court ruling&nbsp;<a href=\"https:\/\/caselaw.findlaw.com\/us-supreme-court\/443\/193.html\"><em>Steelworkers v. Weber<\/em><\/a>&nbsp;which ruled that employment policies that include racial preferences on the basis of race and sex in favor of women and minorities, which plaintiffs argued was reverse discrimination, were not a violation of the Civil Rights Act, in effect legalizing employment discrimination against whites and males. This was a sharp departure from more racially neutral interpretations of the Civil Rights Act by federal courts that preceded the decision.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Then Associate Justice&nbsp;<a href=\"https:\/\/en.wikipedia.org\/wiki\/William_Rehnquist\">William Rehnquist<\/a>, who would go on to become the Court\u2019s 16th Chief Justice in 1986, in his dissenting opinion, compared the Court\u2019s rewriting of the Civil Rights Act to the totalitarian regime portrayed in George Orwell\u2019s&nbsp;<em>1984<\/em>, writing that law was written plainly, \u201cTaken in its normal meaning, and as understood by all Members of Congress who spoke to the issue during the legislative debates, this language prohibits a covered employer from considering race when making an employment decision, whether the race be black or white.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Rehnquist blasted the majority of the court, adding, \u201cthe Court behaves much like the Orwellian speaker earlier described, as if it had been handed a note indicating that Title VII would lead to a result unacceptable to the Court if interpreted here as it was in our prior decisions. \u2026 Now we are told that the legislative history of Title VII shows that employers are free to discriminate on the basis of race: an employer may, in the Court\u2019s words, \u2018trammel the interests of the white employees\u2019 in favor of black employees in order to eliminate \u2018racial imbalance.\u2019\u2026 Our earlier interpretations of Title VII, like the banners and posters decorating the square in Oceania, were all wrong.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Rehnquist in 1979\u2019s&nbsp;<em>Steelworkers v. Weber<\/em>&nbsp;dissented in a ruling on Title VII that allowed for race-based hiring even though the law explicitly prohibited it, calling it \u201cOrwellian\u201d and quoting 1984. More than 40 years later and now the edifice of the ivory tower is crashing down.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The majority of the current Supreme Court are all considered acolytes of Rehnquist. All were regarded as constitutionalists, originalists and textualists when they were nominated by conservative presidents George H.W. Bush, George W. Bush and Donald Trump, the latter of whom just secured an historic 6 to 3 majority on the nation\u2019s highest court with Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, who all ruled to restore the 14th Amendment\u2019s equal protection rule.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The June 29 decision was on college admissions. And so any case potentially overturning&nbsp;<em>Steelworkers v. Weber<\/em>&nbsp;would still need to work its way through the courts, and surely, ESG-owned companies imposing \u201cdiversity, equity and inclusion\u201d hiring quotas provide the ripest target. The ruling here on straight 14th Amendment grounds, coupled with Congress\u2019 power of the purse, assuredly will soon spell the end of race and gender discrimination by employers explicitly prohibited by Title VII.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Again, Sec. 5 of 14th Amendment states: \u201cThe Congress shall have the power to enforce, by appropriate legislation, the provisions of this article\u201d and Article I, Section 8 grants Congress the power to regulate interstate commerce. Which is precisely what it did via Title VII. If there had been a split or adverse ruling on college admissions, I\u2019d be more skeptical the court might go in this direction but this is as clear a signal as any to which way they\u2019re going.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Per the ruling, \u201cEliminating racial discrimination means eliminating all of it.\u201d So, let\u2019s end discrimination, not just in college admissions, but also hiring, banking and commerce. What we\u2019re learning with the court\u2019s ruling today is that discriminatory practices can best be ended when there is an incentive that a consenting party will not be discriminated against as well on the same or other bases. The&nbsp;<em>Bakke<\/em>&nbsp;decision was perpetuating animus, and so surely, the&nbsp;<em>Steelworkers<\/em>&nbsp;decision is as well.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It\u2019s time for this to end.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Congress can play a role, too, if it chooses. In recent years, particularly following the election of former President Donald Trump, supporters of Trump have found themselves in discriminatory, being denied services such as banking, public accommodations like sitting at restaurants and yes, employment discrimination. Insofar as Title VI addressed racial discrimination, and Title VII address racial, sexual and religious discrimination, it would be up to Congress, not courts, to expand these franchises. Viewpoint discrimination is no less pernicious than other forms of discrimination and, in some ways, are worse because they seek to police wrongthink and issues of conscience.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The 14th Amendment includes a broader grant than simply protection against racial discrimination, and Section 5 gives Congress a powerful tool to address these sorts of injustices if it chooses. Anyone who questions the Supreme Court\u2019s decision need only consult with Title VI to see the clear framework Congress set forth in 1964.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For now, the Supreme Court\u2019s restoration of the 14th Amendment\u2019s equal protection under Title VI may now eventually extend to Title VII, creating massive constitutional and civil liability for publicly traded corporations that have chosen to adopt ESG\u2019s \u201cdiversity, equity and inclusion\u201d racial and gender hiring quotas. This is another pillar that can and I foresee will one day be struck down as well.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Original Article: <a href=\"https:\/\/dailytorch.com\/2023\/06\/if-racial-preferences-in-college-admissions-are-violate-14th-amendments-equal-protection-then-so-do-esgs-diversity-equity-and-inclusion-racial-and-gender-hiring-q\/\">https:\/\/dailytorch.com\/2023\/06\/if-racial-preferences-in-college-admissions-are-violate-14th-amendments-equal-protection-then-so-do-esgs-diversity-equity-and-inclusion-racial-and-gender-hiring-q\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>It\u2019s a simple ruling: \u201cEliminating racial discrimination means eliminating all of it.\u201d On June 29, the Supreme Court affirmed Title VI of the Civil Rights Act,&nbsp;42 U.S. Code \u00a7 2000d\u2019s&nbsp;prohibition on racial discrimination in federally funded programs, including higher education, at both public and private universities, in the&nbsp;Students for Fair Admissions v. Harvard&nbsp;decision. The law itself is clear: \u201cNo person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be [&hellip;]<\/p>\n","protected":false},"author":31,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[28],"tags":[],"class_list":["post-4182","post","type-post","status-publish","format-standard","hentry","category-woke-agenda"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts\/4182","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/users\/31"}],"replies":[{"embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4182"}],"version-history":[{"count":1,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts\/4182\/revisions"}],"predecessor-version":[{"id":4184,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=\/wp\/v2\/posts\/4182\/revisions\/4184"}],"wp:attachment":[{"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4182"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4182"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nakedpolitics.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4182"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}