DEI programs have sparked considerable debate in recent years as companies have grappled with the need to become more diverse.
DALLAS — This story was originally published by our content partners at the Dallas Business Journal. You can read the original version here.
Rumors were flying around social media and the blogosphere this week that Southwest Airlines Co. would dismantle some of its diversity, equity and inclusion hiring practices — but that was not quite the case.
America First Legal, a conservative group that says it aims to uphold constitutional rights, filed a formal complaint in January against Southwest with the Department of Labor’s Office of Federal Contract Compliance Programs, or OFCCP. America First alleged that the Dallas-based airline had “unlawful discriminatory employment practices” since “at least 2020.”
Then on Dec. 3, America First Legal announced it was told by OFCCP that Southwest had agreed to “abandon its unlawful discriminatory employment practices” outlined in the complaint. The office had met with the airline on Dec. 2 for an informal compliance conference.
But the letter made clear it was not a dismantling of a wider DEI program. The OFCCP stated that Southwest acknowledged that its hiring goals are meant to serve as benchmarks, rather than a rigid requirement. Additionally, the airline acknowledged that if it does not meet its hiring goals for certain demographics, it is required to assess its employment practices and identify any barriers to equal employment opportunity.
The letter cited zero violations against Southwest and did not order the company to dismantle its DEI practices. A representative for the airline confirmed that the OFCCP made no determination of any violations and said that the company will continue to employ workers in accordance with all laws and regulations.
DEI programs have sparked considerable debate in recent years as companies have grappled with the need to become more diverse as well as the backlash that sometimes follows. While many say it’s crucial for businesses to employ people from a diverse background, DEO (diversity and equal opportunity) critics argue they force companies to hire based off someone’s identity, not their resume. Many companies, such as John Deere Co. and Lowe’s Cos. Inc., have moved away from DEI programs, while many others have stuck by them.
In its January complaint, American First Legal said it was concerned about Southwest’s DEI goals set in 2020 to double the percentage of racial diversity and gender diversity in its executive ranks by 2025. America First Legal claimed that the airline was participating in “discriminatory race-based and gender-based hiring practices” to fit its goals. That would appear to be a violation of Executive Order 11246 that champions equal opportunity employment for federal contractors who do over $10,000 in government business each year.
America First Legal has filed similar DEI complaints against American Airlines and United Airlines. And in November 2023, the group filed a federal civil rights complaint against Southwest, American and United, claiming they were engaging in “illegal racial and sex discrimination.” The group is known for being a conservative law firm that targets companies with DEI practices, deeming them as “woke companies.”
In its 2023 impact report, Southwest reported increasing the racial diversity of its senior executive leaders by 4% since 2020. Among senior leadership, racial diversity increased from 15% to 18%, and gender diversity increased from 33% to 39%.
