NASCAR’s “Diversity Internship Program” is discriminating against white candidates while offering preferential treatment to other ethnicities—an action that can be grounds for suing the organization, claimed a law expert.
“Having a 100 percent quota for minorities for a position is illegal even under a very generous view of what is allowed,” Mr. Bernstein said while adding that any applicant that was unable to apply for NASCAR’s “Diversity Internship Program” on the basis of their race would have the legal standing required to sue the organization.
The 1866 Civil Rights Act, passed in the aftermath of the Civil War, contains Section 1981 which also prohibits discrimination on the basis of race, color, and ethnicity when making and enforcing contracts.
NASCAR’s internship program is part of its wider “diversity and inclusion” policy which contains two more discriminatory initiatives—Drive for Diversity and Supplier Diversity.
In order to be recognized as a diverse-owned supplier, the business must be minority-owned, women-owned, or LGBT-owned. Black Americans, American Indians or Alaska Natives, Asians, Latin or Hispanic, Native Hawaiians, or Other Pacific Islanders are classified as minorities. Veterans, disabled veterans, and disabled-owned businesses are also viewed as diverse suppliers.
Anti-White Discrimination
Discrimination of white employees or potential employment candidates under the garb of diversity has come under scrutiny in recent times.
New York-based Voya Investment Management conducted a financial services “diversity scholarship program,” the entry requirement of which was to “self-identify as Black or African American; Hispanic or Latino; American Indian or Alaska Native American; Asian; Native Hawaiian or Other Pacific Islander; or multi-racial.”
“Treating people differently because of the color of their skin, even for benign purposes, is unlawful and wrong. Companies that engage in racial discrimination should and will face serious legal consequences,” the letter said.
It cited the U.S. Supreme Court’s recent decision to end racial discrimination under the guise of affirmative action in educational institutions.
“The Court took pains to emphasize that the supposedly benign nature of racial preferences cannot save them … The Supreme Court’s recent decision should place every employer and contractor on notice of the illegality of racial quotas and race-based preferences in employment and contracting practices,” the letter states.
“We urge you to immediately cease any unlawful race-based quotas or preferences your company has adopted for its employment and contracting practices. If you choose not to do so, know that you will be held accountable—sooner rather than later—for your decision to continue treating people differently because of the color of their skin.”
NASCAR Going Woke
NASCAR’s diversity internship program is one among the many “woke” actions implemented by the firm. Earlier this month, NASCAR announced an indefinite suspension of driver Noah Gragson after he appeared to have “liked” a meme about George Floyd.
The meme had shown Mr. Floyd’s head pasted onto the body of a crab, with the caption “Under da knee, under da knee,” which was a mashup of a song from “The Little Mermaid” and a reference to the way Mr. Floyd died.
NASCAR has also been enthusiastically promoting Pride Month. “We celebrate the LGBTQ+ community during #PrideMonth and beyond,” it said in a social media post last year.
In June 2022, NASCAR issued an apology after allowing Gov. Greg Abbott to wave the green flag ahead of a race. Mr. Abbott has taken action against transgender treatments for minors.
