‘Dead Wrong’ Mark Cuban Rebuked by Equal Employment Commissioner on Use of Race and Sex in Hiring: ‘That’s Illegal’
Billionaire Mark Cuban was rebuked by Equal Employment Opportunity Commissioner Andrea Lucas earlier this week after Cuban publicly admitted to using factors like race and sex in his hiring decisions.
“I’ve never hired anyone based exclusively on race, gender, religion. I only ever hire the person that will put my business in the best position to succeed,” explained Cuban on X (formerly Twitter) before asserting that “Yes, race and gender can be part of the equation.”
“I view diversity as a competitive advantage,” he added.
I’ve never hired anyone based exclusively on race, gender, religion.
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
— Mark Cuban (@mcuban) January 28, 2024
This explanation attracted the attention of Lucas, a commissioner on the Equal Employment Opportunity Commission, who warned that Cuban was wrong on the law.
“@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,” stated Lucas.
@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
Later, Lucas appeared on Fox Business to drive her point home.
“Mr. Cuban is conflating the idea that someone’s race and sex can be part of the complete package, but that’s not provided for under the law,” she argued. “And if he’s using it as a factor, even if it’s not the only factor or the dispositive factor, if it’s any part of the decision, then it’s a motivating factor and that’s illegal.”
Watch above via Fox Business.
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