Contributed by Jon Hyman, Shareholder/Director Wickens Herzer Panza & Impactivize Advisory Board Member
This week, America First Legal, a right-wing conservative organization founded by Stephen Miller, fired off a letter to the EEOC accusing the Los Angeles Dodgers and Guggenheim Partners of violating Title VII because of their publicly commitment to workplace diversity, equity, and inclusion.
But there’s the legal twist: AFL didn’t name a single person who was denied a job, demoted, fired, or otherwise harmed. Nor did it claim any injury to itself. That matters. Because under federal law, and organization can file an EEOC charge:
1. On someone else’s behalf—but you need their permission or some connection to the case.
2. On its own behalf—but only if you’ve actually been harmed.
AFL checks neither box here. It’s not a plaintiff. It’s a political organization with a vendetta against DEI. Filing an EEOC charge isn’t the same as rage-posting on X.
So what happens now? The EEOC doesn’t need a formal charge to open an investigation. A Commissioner Charge—filed by any sitting EEOC commissioner—can kickstart an inquiry if there’s reason to believe an unlawful employment practice occurred. AFL’s letter is effectively a political provocation, daring the Commission to act. And with the EEOC’s current composition, it just might.
Procedure aside, let’s talk some substance. Is having a DEI mission statement illegal? No. Is recruiting from underrepresented communities unlawful? Also no. Is having resource groups illegal? No, as long as they are open to everyone.
Title VII bans using race, sex, or other protected traits as deciding factors in employment—not talking about diversity, tracking it, or fostering inclusion.
If an employer uses identity as a plus factor or sets hard quotas, that’s where the legal risk grows. But mission statements and resource groups? They’re not smoking guns. They’re best practices, unless, of course, you’re trying to drag us back to 1963.
Not every DEI policy is illegal. Not every disagreement is discrimination. And not every right-wing nonprofit gets to play the role of victim without an actual victim. That’s called political theater.