NASCAR's race-based internship that excludes white people sparks legal controversy

Recent years have seen NASCAR come under fire for its progressive moves, from apologies related to political figures to suspending drivers over social media activities. Fans have even threatened boycotts, drawing parallels with past Bud Light protests.

NASCAR's race-based internship that excludes white people sparks legal controversy
AP Photo/David Graham
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NASCAR's "diversity internship program" has stirred the pot by explicitly outlining racial prerequisites for applicants. Topping the “Program Requirements” is the necessity to belong to specific racial/ethnic minority classifications.

However, David Bernstein, a legal eagle from George Mason University’s Antonin Scalia School of Law, flagged this as a “blatant illegality.” He pointed out potential breaches of Title VII and the 1866 Civil Rights Act. In a nutshell, setting a 100% quota for minorities is a no-go, and anyone denied based on race could potentially have a legal case against NASCAR.

The Daily Wire reported:

“Having a 100% quota for minorities for a position is illegal even under a very generous view of what is allowed,” Bernstein said, adding that a potential applicant who was unable to apply on the basis of his or her race would have legal standing to sue the company.

NASCAR’s diversity internship program appears to be part of a broader company campaign called “Drive for Diversity,” which also includes race-based mentorship programs.

The “Pit Crew Development Program,” for example, is described as a “comprehensive training program for aspiring minority and female pit crew members.” There’s also the “Driver Development Program,” which provides “top minority and female drivers” with “coaching, mentorship, and development.”

Both programs stipulate that applicants are only eligible for the programs if they are female or a “member of one or more … ethnic minority classifications,” which include American Indian, Asian or Pacific Islander, African American, and Latino or Hispanic.

This internship is just one cog in the machine of NASCAR's "Drive for Diversity" initiative, which also boasts race-centric mentorship schemes. Despite these race-oriented criteria, NASCAR maintains it's an equal opportunity employer, promising fair consideration without racial bias.

Recent years have seen NASCAR come under fire for its progressive moves, from apologies related to political figures to suspending drivers over social media activities. Fans have even threatened boycotts, drawing parallels with past Bud Light protests.

But NASCAR isn't alone in the spotlight.

Tech behemoth Oracle, along with giants like Best Buy, Liberty Mutual, US Bank, and Bayer Pharmaceuticals, have also dabbled in race-specific career opportunities. Meanwhile, a consortium of attorneys general has sounded the alarm, warning of legal repercussions for such racial discrimination.

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