Missouri Attorney General Andrew Bailey has filed a lawsuit against International Business Machines Corporation (IBM), alleging violations of the Missouri Human Rights Act. According to the lawsuit, IBM subjects job applicants to racial and gender quotas and bases employees' pay and employment status on their participation in these practices.
"It has come to my attention that IBM has adopted an unlawful policy that blatantly favors applicants of a certain skin color over others, and that managers within the company who refuse to comply with said policy face adverse action, including and up to termination," stated Attorney General Bailey. "Discrimination in the workplace violates both state and federal law, which is why I am filing this lawsuit."
The suit claims IBM uses a "diversity modifier" requiring annual hiring quotas based on race, color, national origin, sex, or ancestry. Such quotas are alleged to violate the Missouri Human Rights Act.
Bailey further stated in the lawsuit: "It is an unlawful discriminatory practice for an employer to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s race, color, national origin, sex, or ancestry."
The lawsuit details eight specific violations:
- Count I: Actual or Attempted Inciting, Compelling, or Coercing Unlawful Discriminatory Practices
- Count II: Actual or Attempted Aiding or Abetting Unlawful Discriminatory Practices
- Count III: Unlawfully Limiting, Segregating, or Classifying Employment Applicants
- Count IV: Unlawful Printing or Circulation
- Count V: Unlawful Employment Inquiry
- Count VI: Unlawful Employment Application Form
- Count VII: Unlawfully Failing or Refusing to Hire Individuals
- Count VIII: Retaliation or Discrimination for Opposing IBM’s Unlawful Discriminatory Practices
Attorney General Bailey seeks an injunction to stop the alleged discriminatory behavior.
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