NASCAR has launched a paid “diversity internship” program that includes racial requirements that have raised concerns of discrimination against white individuals, potentially posing legal challenges.
The internship program’s “Program Requirements” prominently states as its first condition: “Be a member of one or more of the following races/ethnic minority classifications: Black or African American, American Indian or Alaska Native, Asian, Latino or Hispanic, Native Hawaiian or Other Pacific Islander.”
Professor David Bernstein from George Mason University’s Antonin Scalia School of Law has described NASCAR’s “diversity internship program” as “blatantly illegal” and noted it could be in violation of Title VII and the 1866 Civil Rights Act. He stressed that having a 100% quota for minorities in a position is illegal, even under generous interpretations of what’s allowed.
Furthermore, Bernstein suggested that individuals who experience racial discrimination in their application to the internship program might have legal grounds to file a lawsuit against NASCAR.
NASCAR’s “Drive for Diversity” campaign, of which the diversity internship program is a part, aims to establish an inclusive environment across all aspects of the NASCAR industry, recognizing the importance of diversity. However, some other programs under the “Drive for Diversity” umbrella also appear to have race-based eligibility requirements.
For example, the “Pit Crew Development Program” is described as a comprehensive training initiative for aspiring pit crew members who are minorities or females. Similarly, the “Driver Development Program” claims to provide coaching, mentorship, and development opportunities for top minority and female drivers.
Both of these programs restrict applicants based on their race, specifying eligibility only for those belonging to certain ethnic minority classifications, such as African American, Hispanic, Latino, Asian or Pacific Islander, and American Indian.
It’s important to note that while NASCAR’s “Drive for Diversity” programs appear to incorporate racial restrictions, the company’s job posting website emphasizes its status as an equal-opportunity employer. According to the website, NASCAR is committed to attracting and retaining the best-qualified candidates, and it states that all qualified applicants will be considered for employment without regard to race.
