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Legal Complaint Filed Against IBM for Alleged Racial Discrimination

AFL Accuses IBM of Racial Discrimination

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America First Legal (AFL) initiated legal action against IBM, accusing the tech giant of racial discrimination. The complaint, filed with the U.S. Equal Employment Opportunity Commission (EEOC), alleges biased employment practices favoring black and Hispanic individuals over Asians.

Legal Basis

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The AFL complaint cites Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, religion, color, national origin, or sex. The document asserts that IBM knowingly and systematically engages in discriminatory practices.

Damning Tape Release

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On Dec. 11, 2023, a tape of IBM CEO Arvind Krishna surfaced. In the video, Krishna pledges consequences, including firing, demotion, or denial of bonuses, for corporate executives failing to meet racial hiring quotas or hiring too many Asians.

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Supporting Testimonies

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Paul Cormier, Red Hat Chairman (an IBM subsidiary), acknowledges the termination of employees who do not comply with racial quotas. AFL contends that such admissions underscore intentional and systematic discrimination.

Environmental, Social, Governance (ESG) Report

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IBM’s 2022 ESG report reveals an incentive program for executives tied to boosting women and minority group representation. Specifically black and Hispanic individuals, in executive positions.

Legal References

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Referencing the 1954 Brown vs. Board of Education judgment, the complaint argues that IBM’s discriminatory practices can generate feelings of inferiority. In doing so, echoing the historical impact of race-based discrimination.

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AFL’s Legal Argument

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AFL urges the EEOC to take action against IBM, asserting the company’s intentional violation of federal law. The legal advocacy group highlights IBM’s 2023 Notice of Annual Meeting and Proxy Statement, revealing a “diversity modifier” in incentive compensation.

IBM’s Diversity Metrics

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IBM’s 2022 ESG report notes incremental increases in executive representation for women, black, and Hispanic individuals. The report emphasizes a continued commitment to a diversity modifier in organizational incentives.

Controversial “Be Equal” Program

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IBM’s diversity and inclusion program, “Be Equal,” excludes white people, listing support only for black, Hispanic, indigenous, and pan-Asian racial identities. The exclusionary approach becomes a focal point in the complaint.

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CEO’s Diversity Bonus Programs

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IBM CEO Arvind Krishna outlines diversity bonus programs, indicating targets for racial representation. Krishna emphasizes specific goals for black, Hispanic, and female representation, sparking controversy over the perceived quota-based approach.

O’Keefe’s Revelations

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Journalist James O’Keefe released controversial recordings and leaked documents exposing IBM’s internal policies. The “Allyship Commandment” document and inner slides from Red Hat reveal race-based rules and perceptions related to whiteness.

AFL’s Stand

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Gene Hamilton, AFL Vice President, condemns IBM’s discriminatory policies, calling them extreme and blatant. The legal action addresses what the AFL perceives as a formal corporate commitment to discrimination and advocates for accountability.

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