America First Legal (AFL), in collaboration with co-counsel at Consovoy McCarthy, has filed a lawsuit against Ally Financial, a leading bank holding company in the United States. The lawsuit claims that Ally engaged in illegal race- and sex-based hiring practices, allegedly discriminating against AFL’s client in violation of Civil Rights laws.
The plaintiff, represented by AFL, is a veteran with over two decades of experience in intelligence and counterterrorism for the U.S. Armed Forces, including service in Iraq and Afghanistan. In 2023, the plaintiff applied for three new positions within Ally's newly created Physical Security and Threat Division: Manager, Senior Analyst, and Analyst. Despite having extensive relevant experience, the plaintiff was passed over for an individual with significantly less experience but who fit Ally’s preferred gender identity of female. Additionally, the lawsuit alleges that Ally hired the plaintiff into the lowest available position as part of an effort to increase its reported percentage of racial minority hires.
Ally has acknowledged in public filings its practice of engaging in race- and sex-based balancing and rewarding executive leaders who focus on representation and diversity trends within the workforce. Specifically regarding gender balancing, Ally stated that as of December 31, 2023, its workforce comprised approximately 51% men and 49% women. The company also noted efforts to maintain or increase representation of women and people of color in managerial roles.
The lawsuit asserts that Ally’s actions violate protections against race-based and sex-based discrimination under the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964. AFL’s client seeks legal and equitable redress for what they claim to be unlawful discrimination by Ally.
Gene Hamilton, Executive Director, Executive Vice President, and General Counsel at America First Legal, commented on the case: “Federal law is clear–no discrimination means no discrimination. Yet major corporations across the United States have apparently abandoned this basic concept in favor of programs and policies that blatantly discriminate against American citizens for the very things that they cannot control. No American should ever face discrimination on account of their race or sex, and we will fight to achieve justice for our client,” said Gene Hamilton.