Banned at Macy’s
Bring a gun to a knife fight: The pro-bono non-profit legal firm America’s First Legal (AFL) has filed a federal civil rights complaint against Macy’s for its blatantly illegal diversity and inclusion policies that required hiring quotas bases solely on race.
You can read the complaint here [pdf]. AFL’s letter to Macy’s announcing the complaint is here [pdf]. As noted in AFL’s press release:
In a 2019 press release entitled “Bold Vision To Advance Diversity and Inclusion and Ensure The Company Reflects The Diversity Of The Customers and Communities Served,” Macy’s details its five-point plan with specific directives focused on achieving greater diversity for all aspects of the company’s business model.
The plan explicitly instructs Macy’s management to “[a]chieve more ethnic diversity by 2025 at senior director level and above, with a goal of 30 percent,” as well as to initiate a “12-month program designed to strengthen leadership skills for a selected group of top-talent managers and directors of Black/African-American, Hispanic-Latinx, Native American and Asian descent.” Quotas such as these are patently illegal under the law.
The language of that release is quite appalling. It makes it clear throughout that Macy’s was establishing a firm 30% quota, requiring managers to favor certain races in hiring, thus violating the intent and language of numerous civil rights laws. It also required Macy’s advertising to have 50% of all actors in their commercials be minorities, which is not only illegal, it does not even closely reflect the actual racial population breakdown of the United States. Finally, it also demanded that at least 5% of its suppliers be minorities as well. To do the latter the company intended to favor “suppliers that are more ethnically diverse, women-, veteran- and LGBTQ-owned businesses.”
AFL noted also that Macy’s further stated its determination to follow these illegal policies in a 2022 report [pdf], where it made it a goal of the company to “embed diversity, inclusion, and equity into how we think, act, and operate.”
In other words, Macy’s wants to enforce its own Jim Crow laws, designed to discriminate this time against whites and men. The company also appeared to consider itself above the law, able to willy-nilly ignore the many state and federal civil rights laws that forbid such racial discrimination.
Based on the June Supreme Court ruling [pdf] outlawing similar discriminatory admissions policies at universities, it appears Macy’s racist policies stand on very weak ground. If this case moves to the courts the company will have a hard time winning.
Furthermore, this policy also puts Macy’s board of directors on even weaker ground, subject to lawsuits for their breaches of their fiduciary duty. A company that hires unqualified people, merely because of their race, not only cannot function as it should (thus likely losing money and stockholder value), it risks costing the company serious penalties for violating the law.
Finally, there is the threat of a loss of business. Americans are increasing losing patience with these racist “Diversity, Equity, and Inclusion” policies based on critical race theory. Businesses that follow them increasingly risk losing customers due to the bad publicity caused by such policies.
Whether Macy’s board of directors will heed these warnings and shift course is presently unknown. If it doesn’t however it would be wise for any shareholders out there to consider selling their stock now, before it begins the almost guaranteed long slide to bankruptcy that other woke companies (Disney, Gillette, Target) are experiencing elsewhere.