https://news.bloomberglaw.com/daily-labor-report/ibm-diversity-efforts-targeted-by-stephen-millers-legal-group Skip to content Bloomberg the Company & Its ProductsBloomberg Anywhere Remote Login Bloomberg Anywhere LoginBloomberg Terminal Demo Request * Bloomberg Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. For Customers + Bloomberg Anywhere Remote Login + Software Updates + Manage Products and Account Information Support Americas+1 212 318 2000 EMEA+44 20 7330 7500 Asia Pacific+65 6212 1000 * Company + Bloomberg London + About + Careers + Diversity and Inclusion + Gender-Equality Index + Philanthropy and Engagement + Sustainability + Tech + Bloomberg Beta Communications + Press Announcements + Press Contacts Follow + Facebook + Twitter + LinkedIn + Instagram * Products + Bloomberg Terminal + Execution and Order Management + Data and Content + Financial Data Management + Integration and Distribution + Bloomberg Tradebook Industry Products + Bloomberg Law + Bloomberg Tax + Bloomberg Government + Bloomberg Environment + Bloomberg New Energy Finance * Media + Bloomberg Markets + Bloomberg Technology + Bloomberg Pursuits + Bloomberg Politics + Bloomberg Opinion + Bloomberg Businessweek + Bloomberg Live Conferences + Bloomberg Apps + Bloomberg Radio + Bloomberg Television + News Bureaus Media Services + Bloomberg Media Distribution + Advertising * Company + Bloomberg London + About + Careers + Diversity and Inclusion + Gender-Equality Index + Philanthropy and Engagement + Sustainability + Tech + Bloomberg Beta Communications + Press Announcements + Press Contacts Follow + Facebook + Twitter + LinkedIn + Instagram * Products + Bloomberg Terminal + Execution and Order Management + Data and Content + Financial Data Management + Integration and Distribution + Bloomberg Tradebook Industry Products + Bloomberg Law + Bloomberg Tax + Bloomberg Government + Bloomberg Environment + Bloomberg New Energy Finance * Media + Bloomberg Markets + Bloomberg Technology + Bloomberg Pursuits + Bloomberg Politics + Bloomberg Opinion + Bloomberg Businessweek + Bloomberg Live Conferences + Bloomberg Apps + Bloomberg Radio + Bloomberg Television + News Bureaus Media Services + Bloomberg Media Distribution + Advertising * Bloomberg Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. For Customers + Bloomberg Anywhere Remote Login + Software Updates + Manage Contracts and Orders Support Americas+1 212 318 2000 EMEA+44 20 7330 7500 Asia Pacific+65 6212 1000 We use cookies.Learn MoreAccept [icon-searc][icon-hambu][icon-hambu] News [icon-chevr] Podcasts Research Tools [icon-chevr] Bloomberg Law Log In Sign Up For Newsletter Bloomberg Law * Antitrust * Artificial Intelligence * Banking Law * Bankruptcy Law * Before the Bar * Benefits & Executive Comp * Bloomberg Law Analysis * Business & Practice * Cannabis * Capital Markets * Class Action * Crypto * Daily Labor Report (r) * Energy * Environment & Energy * ESG * Federal Contracting * Health Law & Business * Immigration * In-House Counsel * Insurance * International Trade * IP Law * Legal Ethics * Legal Ops & Tech * Litigation * Litigation Finance * Mergers & Acquisitions * Occupational Safety * PFAS Project * Pharma & Life Sciences * Privacy & Data Security Law * Private Equity * Product Liability & Toxics Law * Securities Law * Social Justice & Diversity * Tech & Telecom Law * US Law Week * White Collar & Criminal Law Bloomberg Tax * Daily Tax Report (r) * Daily Tax Report: International * Daily Tax Report: State * Financial Accounting * Payroll * Tax Insights & Commentary * Tax Management International * Tax Management Memo * Transfer Pricing * Brief Analyzer * Draft Analyzer * Dockets * Practical Guidance * Points of Law Daily Labor Report (r) [] America First Legal has sent a letter to the EEOC asking the civil rights agency to investigate IBM's executive compensation practices. Photographer: Jin Lee/Bloomberg News [icon-liste] Listen [icon-print]Print[icon-email]Email Share To:[icon-Faceb]Facebook [icon-Linke]LinkedIn [icon-Twitt]Twitter December 12, 2023, 10:08 PM UTC IBM Diversity Efforts Targeted by Stephen Miller's Legal Group By Riddhi Setty Exclusive Riddhi Setty Riddhi Setty Reporter [icon-email][icon-Twitt] Documents Letter to EEOC Letter to IBM Board Related Stories Trump Allies Attack Corporate 'Bigotry' Against White Men December 11, 2023, 12:00 PM UTC Stephen Miller's Legal Group Targets Macy's Diversity Policies Nov. 21, 2023, 6:25 PM UTC Nascar Accused of Bias Against White Men in Diversity Efforts Nov. 2, 2023, 3:13 PM UTC Trump-Aligned Group's Latest Target Is Airline Diversity Efforts Nov. 1, 2023, 8:32 PM UTC Corporate Diversity Complaints Place EEOC in Thorny Spot (1) Aug. 18, 2023, 5:56 PM UTC Topics * corporate officers * race discrimination * employment discrimination * diversity and inclusion * sex discrimination Companies * International Business Machines Corp * Starbucks Corp * Morgan Stanley * America First Legal seeks EEOC probe of IBM DEI practices * Legal group claims IBM discriminates against White men Former Trump adviser Stephen Miller's America First Legal has requested the nation's top federal civil rights agency investigate IBM Corp. over diversity-focused employment and executive pay policies that the conservative group says comprise illegal sex and race discrimination. In a letter to the Equal Employment Opportunity Commission on Tuesday, AFL cited video footage of IBM's CEO Arvind Krishna and IBM subsidiary Red Hat Inc. CEO Paul Cormier's statements connecting executive pay to advancing diversity, equity, and inclusion practices as proof for its claims of violations of Title VII of the Civil Rights Act of 1964. The complaint adds to the nearly two dozen inquiries on various companies that AFL has sent to the EEOC, which has yet to respond to the group's allegations that DEI efforts violate Title VII's ban against race discrimination. The AFL letters, which have often focused on DEI programs' overall legality rather than highlighting executives' roles, have previously targeted high profile companies and organizations including NASCAR, Macy's Inc., Major League Baseball, Morgan Stanley, and Starbucks Corp. The work of Miller's AFL to challenge policies in areas from immigration to LGBTQ+ rights to DEI is widely viewed as helping to lay the groundwork for the legal work of a second Trump administration. The video cited by AFL of Krishna and Cormier discussing diversity was posted online to X, formerly known as Twitter, on Monday by O'Keefe Media Group CEO James O'Keefe, former head of conservative media organization Project Veritas. Krishna says in the video that corporate executives' bonuses can be affected if they don't meet DEI goals. Cormier said there were "multiple leaders over the last year plus that were held accountable to the point that they're no longer here at Red Hat because they weren't willing to live up to the standards we set in this space." AFL requested that the EEOC use its discretionary powers to file a "commissioner charge" against IBM and Red Hat. Such charges can be filed by any of the five members of the agency's leadership panel and don't require employees or applicants to submit a discrimination charge to the agency. Commissioner charges are still relatively unusual, though that may be changing. There were a total of 29 filed in fiscal year 2022, a jump from the three filed in 2021. In addition to the video posted to X, AFL in its letter also pointed to IBM's 2022 ESG report which includes an "annual incentive program" intending to "continue to include a diversity modifier" affirming management's commitment to DEI practices to "close the gap in executive representation," which it claims is proof of IBM's use of illegal quotas. "Rarely do you have such extreme, blatant statements on video documenting the extent to which this is happening everywhere. Apparently, based on the video and the publicly available material on its website, the senior leadership at IBM is wholly committed to discriminating against Americans as a matter of formal corporate policy. This cannot stand," Gene Hamilton, AFL's Vice President and General Counsel said in a statement emailed to Bloomberg Law. AFL also sent a letter to the chairman of the board and board of directors at IBM, "reminding them of their fiduciary duties and waste of corporate assets to propel this illegal, racially discriminatory agenda." A representative for IBM didn't immediately respond to a request for comment. Continue Reading To contact the reporter on this story: Riddhi Setty in Washington at rsetty@bloombergindustry.com To contact the editor responsible for this story: Rebekah Mintzer at rmintzer@bloombergindustry.com Learn more about Bloomberg Law or Log In to keep reading: Learn About Bloomberg Law AI-powered legal analytics, workflow tools and premium legal & business news. Learn more Already a subscriber? Log in to keep reading or access research tools. Log In (c) 2023 Bloomberg Industry Group, Inc. All Rights Reserved Sign Up For Newsletter Go to Bloomberg Law News + View Bloomberg Law's Twitter + View Bloomberg Law's Linkedin + View Bloomberg Law's Facebook + View Bloomberg Law's Youtube * Submit A News Tip * Do Not Sell My Info (CA) * NLRB New Filings Finder * About Us * Contact Us * pro.bloomberglaw.com * 24/7 BLAW(r) HELP DESK * 888.560.2529 * help@bloomberglaw.com * Terms of Service * * * Privacy Policy * Copyright * * * Accessibility (c) 2023 Bloomberg Industry Group, Inc. All Rights Reserved (c) 2023 Bloomberg Industry Group, Inc. All Rights Reserved