America First Legal (AFL), along with Mitchell Law PLLC and Ashbrook Bryne Kresge LLC, has continued its legal battle by filing a brief in the U.S. Court of Appeals for the Sixth Circuit. The case involves allegations of racial discrimination in Progressive Insurance's “Driving Small Business Forward” grant program.
The program offered $25,000 grants to "ten black-owned small businesses to use toward purchasing a commercial vehicle." AFL’s client, who met all the requirements except being a black business owner, was barred from applying. AFL argues that this violates 42 U.S.C. § 1981, which prohibits racial discrimination in contracts.
Progressive partnered with Circular Board LLC, which operates Hello Alice, an online resource platform, to administer these grants. According to AFL's brief, the plaintiff was unlawfully discriminated against as he was denied even the opportunity to compete for the grant money—a primary contract with Progressive. Receiving the grant money is considered a secondary contract from which AFL’s client was excluded based on race.
AFL calls for the district court to reverse its decision and mandate that Progressive apply only colorblind and race-neutral criteria in all contracts.
Gene Hamilton, Executive Director of America First Legal, stated: “We are committed to fighting for our client and every American to be free from racial discrimination of all types. Sadly, many in corporate America have lost their way and decided to adopt facially illegal contracting policies—picking winners and losers based on their race. We are confident that we will vindicate our client’s rights.”