“Shark Tank” co-host Mark Cuban faces potential legal trouble following a heated exchange on social media regarding his hiring practices.
The billionaire owner of the Dallas Mavericks has been vocal recently in advocating for Diversity, Equity, and Inclusion (DEI) hiring standards within his companies.
In a recent interaction on X, Cuban admitted that he incorporates race and gender into the hiring process.
I’ve never hired anyone based exclusively on race, gender, religion.
— Mark Cuban (@mcuban) January 28, 2024
I only ever hire the person that will put my business in the best position to succeed.
And yes, race and gender can be part of the equation. I view diversity as a competitive advantage
Now how would you… https://t.co/gxdtauMHtz
Screenshot backup below:
Following Cuban’s tweet, Andrea R. Lucas, Commissioner of the U.S. Equal Employment Opportunity Commission, promptly provided a clarifying response.
@mcuban, EEOC Commissioner here. Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here.
— Andrea R. Lucas (@andrealucasEEOC) January 29, 2024
It’s pretty straightforward: Neither race nor gender can serve as a “motivating factor” in the hiring process. End of story.
Trending Politics reported:
In a series of tweets, Cuban defended his approach to hiring, saying that he never hires based solely on race, gender, or religion, but considers these factors as part of a broader strategy to create a diverse and competitive business environment.
“I only ever hire the person that will put my business in the best position to succeed,” Cuban stated, adding, “And yes, race and gender can be part of the equation. I view diversity as a competitive advantage.”
In past discussions, Cuban has countered the notion that DEI equates to racism.
The remarks drew immediate attention, leading to a response from Andrea R. Lucas, the Commissioner of the U.S. Equal Employment Opportunity Commission EEOC. Lucas pointed out that under Title VII law, race and sex cannot be used as a ‘motivating factor’ in employment decisions, not even as a plus factor, tie-breaker, or tipping point. She pointed out the importance of employers understanding and adhering to these legal parameters.
