EEOC commissioner humiliates Mark Cuban over his failure to comprehend the Civil Rights Act: 'Dead wrong'

Race-obsessive billionaire Mark Cuban continues to publicly defend the organizational discrimination scheme known as DEI — a numbers game in which human beings' immutable characteristics and sexual preferences are factored into hiring and advancement decisions.

In his continued attack Sunday on color-blind meritocracy and what he previously termed "DEI-Phobi[a]," Cuban outed himself for apparently engaging in discriminatory practices. Although he may not have seen it that way, a commissioner from the U.S. Equal Employment Opportunity Commission intervened to inform him the matter was clean-cut — and he was on the wrong side of it.

Cuban was arguing on X with the Rabbit Hole, a user who has previously hammered the billionaire for his "DEI Denialism."

In a Substack piece earlier this month, the Rabbit Hole discussed the mental gymnastics Cuban and other corporate bigwigs perform in their efforts to defend DEI. The critic suggested their routine comes down to a lack of familiarity with the issue, an inability to digest arguments, and apathy in the face of facts.

Cuban afforded the Rabbit Hole an opportunity to test this theory, engaging the critic in a debate Sunday on the question: "Should candidate selection, at any level, consider non-merit based criteria like race and sex?"

The debate began when Cuban shared a link on X to an NBC News article entitled, "How right-wing influencers turned airplanes and airports into culture war battlegrounds."

The Rabbit Hole wrote in reply, "When shown proof of how DEI discriminates, you wrote it off by stating private entities can do whatever they want. Since then the goalposts have repeatedly been shifted. Given the weak nature of your defenses of DEI, I suspect there is no real rebuttal to the criticisms myself and others have raised."

Cuban jumped into the fray, pushing back against the notion that "seeking out members of a certain demographic to fill [a] role" was reprehensible.

"You are a CEO of a successful company that has 30 employees that are all black women, and you think a different perspective will help you grow the firm," wrote Cuban. "So you decide you want to hire a white man? You would be against that right?"

The Rabbit Hole held firm and answered in the affirmative, stressing, "I believe in a colorblind meritocracy; this means I am against forms of hiring which undercut merit including forms of hiring which cut out merited individuals over their group association(s)."

Turning the tables, the Rabbit Hole asked the billionaire whether he has "hired people on the basis of demographics on the belief that doing so better positioned your companies to succeed?"

Cuban claimed that while he has "never hired anyone based exclusively on race, gender, religion," "race and gender can be part of the equation" if that would put his business in the best position to succeed.

In response to Cuban's damning answer and apparent admission of a race-factored hiring approach, the Rabbit Hole responded, "Thank you for your transparency."

EEOC Commissioner Andrea L. Lucas ultimately weighed in, lending her expert insight on discrimination law and humiliating Cuban in front of millions of users.

"EEOC Commissioner here. Unfortunately you're dead wrong on black-letter Title VII law," wrote Lucas. "As a general rule, race/sex can't even be a 'motivating factor' — nor a plus factor, tie-breaker, or tipping point. It's important employers understand the ground rules here."

Title VII of the Civil Rights Act of 1964 notes that "an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice."

Lucas provided Cuban with a link to "further information about the relevant legal standards, and corresponding potential risks" pertaining to DEI practices should he "need a primer on the law."

Missouri Sen. Eric Schmitt subsequently told Cuban, "Call your lawyer."

America First Legal noted, "This is the beauty of @X --here you have [Mark Cuban] openly admitting to violating black-letter employment law, and getting admonished/corrected in real-time by an EEOC Commissioner. ... For the entire world to see."

Cuban doubled down on his remarks Monday, stating, "Race is part of the equation never the deciding factor. As is diversity of background."

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