Legal expert says NASCAR’s Minority Internship Program could face legal action.
NASCAR’s Discriminatory Internship Program Sparks Controversy
A law expert claims that NASCAR’s “Diversity Internship Program” is engaging in discriminatory practices by favoring candidates from certain ethnicities while excluding white applicants. This controversial action could potentially lead to legal consequences for the organization.
The paid internship program, which can be found here, specifically targets “diverse” undergraduate and graduate college students. However, the program’s eligibility criteria state that candidates must belong to one or more of the following racial or ethnic minority classifications: Black or African American, American Indian or Alaska Native, Asian, Latino or Hispanic, Native Hawaiian or Other Pacific Islander.
In an interview with the Daily Caller, David Bernstein, a professor at George Mason University’s Antonin Scalia School of Law, labeled NASCAR’s program as “blatantly illegal” and suggested that it may violate Title VII and the 1866 Civil Rights Act.
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According to Mr. Bernstein, having a 100 percent quota for minorities in a position is illegal, even under the most generous interpretation of the law. He further stated that any applicant who was unable to apply for NASCAR’s “Diversity Internship Program” due to their race would have sufficient grounds to sue the organization.
Title VII of the Civil Rights Act of 1964 (pdf) prohibits employers from discriminating against individuals based on their race, religion, color, sex, or national origin. Additionally, the 1866 Civil Rights Act, which was enacted after the Civil War, includes Section 1981, which also prohibits race, color, and ethnicity-based discrimination in contracts.
NASCAR’s internship program is part of its broader ”diversity and inclusion” policy, which includes two other initiatives: Drive for Diversity and Supplier Diversity.
The Drive for Diversity program (pdf) consists of the Driver Development Program, which provides training and support to “top minority and female drivers,” and the Pit Crew Development Program, which focuses on “aspiring minority and female pit crew members.”
The Supplier Diversity program (pdf) aims to establish business relationships with “diverse suppliers” to ensure equitable opportunities within the NASCAR supply chain. To be recognized as a diverse-owned supplier, the business must be minority-owned, women-owned, LGBT-owned, or fall under other minority classifications.
Instances of discrimination against white employees have been increasingly scrutinized in recent times. Gannett, the largest newspaper publisher in the United States, faced a lawsuit from five current and former employees who alleged that the company’s diversity policy, implemented in 2020, imposed racial quotas in its newsrooms. Similarly, American Express was sued by a former employee for implementing “anti-racism” policies that favored black individuals and created obstacles for white employees.
In response to these cases, the Attorneys General of 13 states sent a letter (pdf) to Fortune 100 CEOs, warning against racial discrimination in employment and contracting practices. The letter emphasized the recent U.S. Supreme Court decision that ended racial discrimination disguised as affirmative action in educational institutions.
NASCAR’s diversity internship program is just one example of the organization’s “woke” actions. Recently, NASCAR indefinitely suspended driver Noah Gragson for allegedly “liking” a meme about George Floyd.
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