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Complaint filed against Manhattan DA Alvin Bragg over alleged discriminatory hiring practices

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Stephen Miller - President, America First Legal | https://aflegal.org/

America First Legal Files Bar Complaint Against Manhattan District Attorney Alvin Bragg for Illegal DEI Practices

June 25, 2024

WASHINGTON, D.C. – Today, America First Legal (AFL) filed a complaint with the Attorney Grievance Committee of the First Judicial Department in New York, requesting an investigation into Manhattan District Attorney Alvin Bragg and his colleagues for alleged violations of the New York Rules of Professional Conduct through discriminatory practices.

Rule 8.4(g)(1) of the New York Rules of Professional Conduct prohibits lawyers and firms from engaging in “unlawful discrimination,” classified as “misconduct.” AFL asserts that DA Bragg and his office are knowingly engaging in illegal race and sex discrimination-based employment practices that violate both the New York Human Rights Law and the Civil Rights Act. Consequently, AFL has requested an investigation into this alleged misconduct.

Earlier this month, AFL filed a federal civil rights complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and a state law complaint with the New York Department of Labor against DA Bragg for alleged racial and sex discrimination in hiring and recruitment, purportedly violating the Civil Rights Act of 1964 and the New York State Human Rights Law.

The Manhattan District Attorney’s Office reportedly uses race-motivated “diversity” hiring practices in employee selection. The office's website indicates plans to recruit based on race, sex, and national origin with "diversity" as a priority while claiming not to discriminate based on these characteristics—a contradiction according to AFL. The website acknowledges that the office has “Diversity, Equity, Inclusion and Justice priorities” aimed at recruiting, hiring, retaining, and promoting a diverse staff.

These DEI initiatives guide filling approximately fifty legal staff positions annually. Additionally, applications for Law Clerk positions require disclosure of race, ethnicity, gender, and offer an option to select "LGBT" but not heterosexual.

AFL argues that if Mr. Bragg's leadership involves demographically balancing employees within his office based on these criteria, it constitutes knowing violations of state and federal non-discrimination laws. According to AFL’s statement: “Under Bragg’s leadership...the Manhattan District Attorney’s Office appears to engage in unlawful...employment practices.”

Dan Epstein, Vice President of America First Legal stated: "No American workplace is permitted to discriminate based on race or sex. That is illegal...We should expect that those who carry out law enforcement are held to the highest legal compliance standards...Lawyers are guardians of the Constitution...compliance with ethical standards is necessary..."

America First Legal urges immediate investigation by the NY Attorney Grievance Committee into these allegations.

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