Dive Brief:
- In an open letter published Tuesday, conservative group America First Legal requested the U.S. Equal Employment Opportunity Commission open an investigation into alleged “unlawful hiring and promotion practices” at publisher Penguin Random House.
- America First Legal pointed to statements on the Penguin Random House’s website that show its diversity, equity and inclusion policies “appear to be designed to exclude white men,” an alleged violation of Title VII of the Civil Rights Act of 1964.
- Penguin Random House did not respond to a request for comment by press time. A spokesperson for EEOC noted that charges and charge inquiries were confidential by law, and said it “could neither confirm nor deny the existence of any charge or charge inquiry.”
Dive Insight:
According to America First Legal, Penguin Random House has five pillars of its DEI strategy, which include “hold[ing] leaders accountable” for achieving results and integrating DEI into recruiting and retention efforts, among other tactics.
The company maintains sex- and race-based demographic data, America First Legal said, and “displays a 2024 graph of its workforce demographics of white versus BIPOC employees, proudly stating that while ‘the publishing industry has made modest progress in increasing racial diversity since 2019, … Penguin Random House surpass[es] the industry average across most categories.’”
“By focusing its ‘DEI efforts’ on demographics exclusive of white males, PRH has created policies that appear to effectively exclude this demographic from the favored consideration that other groups receive,” America First Legal wrote.
America First Legal has strategically targeted a range of companies for DEI policies it says violate the law. In November 2023, for example, the organization alleged the DEI practices of three airlines — American, United and Southwest — similarly violated Title VII through alleged discrimination in hiring and recruiting.
America First Legal first filed complaints with EEOC, and later, with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs. It declared “victory” in all three cases after informal compliance conferences in late 2024 resulted in a letter from the OFCCP to America First Legal noting the airlines had met with the office and acknowledged they understood OFCCP regulations. The letters did not suggest the airlines had violated the law or that they would change their policies in response, however.
The group has similarly filed complaints or lawsuits against Target, CBS Broadcasting, IBM and more, with a number of lawsuits pending and some settlements obtained.
While it is not clear that any previous America First Legal appeal to EEOC has resulted in action from the agency, shifting priorities under the second Trump administration may result in a different outcome. In March, the agency specifically released guiding documents on ways DEI may be “unlawful,” and just a few days ago, Chair Andrea Lucas took to X to explicitly encourage White males to come forward with allegations of discrimination.
Writing for HR Dive in January, Duane Morris partner Jonathan Segal emphasized that employers must take care with their DEI policies, encouraging workplaces to do an audit of current practices and eliminate not only those that are illegal on their face, but also those that may “encourage illegal conduct,” such as aspirational goals tied to executive evaluations.
