A constitutional expert says that NASCAR’s “diversity internship” is “blatantly unlawful” since it discriminates against white individuals.
According to NASCAR’s “diversity internship program,” candidates must match specific racial criteria to be considered.
One needs to be one or more classifications— Black or African American; Asian; Latino or Hispanic; American Indian or Alaska Native; Pacific Islander; Native Hawaiian; Other Races/Ethnic Minorities.
George Mason University Antonin Scalia School of Law professor David Bernstein says NASCAR’s racially discriminating scheme would violate the 1866 Civil Rights Act and Title VII.
Bernstein said a 100% quota to hire minorities for a position is unlawful. A candidate not considered because of ethnicity can sue the company.
The internship program for diversity seems to be a component of NASCAR’s larger “Drive for Diversity” initiative, which also includes mentoring programs depending on race.
A good example is the “Pit Crew Development Program,” which offers “a thorough training program for prospective minority and female pit crew members.” The “Driver Growth Program” also provides “coaching, mentoring, and growth” for “top minority and female drivers; to qualify for either program, candidates must either be women or “members of one or more… ethnic minority groupings,” such as American Indian, Asian or Pacific Islander, African American, or Latino or Hispanic.
NASCAR’s employment ads say they are an equal opportunity employer, instituting racial restrictions for program candidates.
In recent years, NASCAR has been criticized for “becoming woke.”
NASCAR is hardly the only industry that has implemented racial quotas in the workplace. Best Buy, Target, US Bank, Liberty Mutual, and Bayer Pharmaceuticals participated in McKinsey & Company’s racially discriminatory job progression training programs.
Companies that discriminate based on race have been warned of “severe legal implications” by the attorneys general of 13 states.
