America First Legal (AFL) has called on the midwestern supermarket chain Hy-Vee, Inc. to halt its "OpportUNITY Inclusive Business Summit’s Pitch Competition," alleging it violates federal anti-discrimination laws. The competition, part of Hy-Vee's annual OpportUNITY Inclusive Business Summit, is designed to support local minority and women-owned businesses in Missouri and surrounding states with a commitment of $50,000.
However, AFL contends that the competition excludes small businesses based solely on the race and sex of their owners. According to AFL, only businesses with at least 51% ownership by individuals classified as minority, women, or other disadvantaged populations by the Small Business Administration are eligible to participate.
AFL argues that this approach contradicts Hy-Vee's stated mission of fostering an inclusive environment where "everyone — employees and customers alike — are treated with respect and dignity." Reed D. Rubinstein, Senior Vice President of America First Legal, criticized the initiative: “The notion that Hy-Vee, a company that claims to treat everyone with respect and dignity, can turn around and, in the name of 'diversity' and 'inclusion,' exclude businesses owned by white men from its pitch competition simply because of their race and sex is absurd."
Rubinstein further emphasized that corporations cannot lawfully use race-based criteria to achieve socially desirable ends. He cited a Supreme Court stance stating that "the way for companies to stop discrimination on the basis of race is to stop discriminating on the basis of race."
AFL has pledged to continue its efforts against what it describes as divisive diversity, equity, and inclusion (DEI) agendas in corporate practices.