NASCARS’ Minority Internship Program Grounds for Suing the Organization: Legal Expert

NASCAR’s diversity drive has come under scrutiny with a legal expert claiming the organization can be brought to court for preferential treatment for certain races.

Daniel Suarez, driver of the #99 Jockey Chevrolet, Noah Gragson, driver of the #42 Sunseeker Resort Chevrolet, and Ryan Preece, driver of the #41 Mohawk Northeast Ford, race during the NASCAR Cup Series HighPoint.com 400 at Pocono Raceway on July 23, 2023 in Long Pond, Pennsylvania. Photo by Logan Riely/Getty Images

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.

The paid internship program seeks to hire “diverse” undergraduate and graduate college students. A condition for joining the program is that the candidate should be “a member of one or more of the following races/ethnic minority classifications: Black or African American, American Indian or Alaska Native, Asian, Latino or Hispanic, Native Hawaiian or Other Pacific Islander.”

In an interview with media outlet the Daily Caller, David Bernstein, a professor at George Mason University’s Antonin Scalia School of Law, called NASCAR’s program “blatantly illegal” that would “seem to violate Title VII and the 1866 Civil Rights Act.”

“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.

Title VII of the Civil Rights Act of 1964 (pdf) makes it unlawful for employers to discriminate against someone because of their race, religion, color, sex, or national origin.

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.

The Drive for Diversity program (pdf) has two aspects. The first one is the Driver Development Program which is an academy-style training aimed at “top minority and female drivers” who are provided with coaching, mentoring, and development support. The second is the Pit Crew Development Program for “aspiring minority and female pit crew members.”

The Supplier Diversity program (pdf) commits itself to establishing business relationships with “diverse suppliers” to ensure that there are “equitable opportunities” to take part in the NASCAR supply chain.

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.

“A business must be at least 51 percent owned” by individuals belonging to these groups to be considered a “diverse supplier.”

Anti-White Discrimination

Discrimination of white employees or potential employment candidates under the garb of diversity has come under scrutiny in recent times.

Recently, a group of five current and former employees of Gannett, the biggest newspaper publisher in the United States, sued the company for a diversity policy it implemented in 2020 which sought to have the demographics of its newsrooms reflect the racial and ethnic demographics of communities covered by the firm.

A sign in front of Gannett Co. Inc., headquarters is shown in Tysons Corner, Virginia. Mark Wilson/Getty Images

In August last year, a former employee of American Express filed a lawsuit against the firm for instituting “anti-racism” policies that gave preferential treatment to black individuals and “unambiguously signaled to White employees that their race was an impediment to getting ahead in the company,” according to Fox News.

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.”

Amid rising cases of discrimination against white employees, the Attorneys General of 13 states sent a letter (pdf) to the CEOs of Fortune 100 firms last month, warning against such discrimination.

“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.”

The Epoch Times reached out to NASCAR for comment.

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.

Noah Gragson, driver of the #42 Sunseeker Resort Chevrolet, waits on the grid during qualifying for the NASCAR Cup Series Cook Out 400 at Richmond Raceway in Richmond, Va., on July 29, 2023. Jonathan Bachman/Getty Images

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.

A few days later, Mr. Gragson requested to be released from his team Legacy Motor Club.

The suspension attracted boycott calls online. “Being born and raised in the South, I can tell you @Nascar has forgotten their fan base. Go woke, go broke. Bud Light the hell out of them,” author and journalist Breck Worsham said in an Aug. 7 tweet.

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.