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Federal official says Mark Cuban may face lawsuits for promoting DEI-based hiring practices on social media

By Mandy Donalds
January 31, 2024

A federal official has expressed concerns over billionaire Mark Cuban's hiring practices, suggesting they might lead to legal issues.

In a detailed conversation with FOX Business, Equal Employment Opportunity Commission (EEOC) official Andrea Lucas explained the potential legal violations in billionaire investor Mark Cuban's hiring approach.

Cuban, known for his outspoken views and business acumen, recently sparked controversy over his comments on hiring practices that factor in race and gender. This issue has raised alarms about the legality of such practices under current employment laws, as FOX Business reported.

Understanding the legal stance on hiring practices

Lucas, in her interview, clarified the legal boundaries concerning hiring.

She emphasized that any form of discrimination, including those based on race or sex, is not supported by legitimate business reasons.

The EEOC's stance is clear: hiring decisions should not be influenced, even partially, by race or gender considerations.

"The law’s crystal clear. There's no legitimate business reason that justifies discrimination based on race or sex," Lucas explained.

She further highlighted the nuanced difference between considering an individual's complete profile and using race or sex as a deciding factor. The latter, she stressed, is not permissible under the law.

Lucas further stated:

And if he's using it as a factor, even if it's not the only factor or the dispositive factor, if it's any part of the decision, then it's a motivating factor, and that's illegal.

Mark Cuban's stance on hiring practices

Cuban, in his response to the criticism, denied making hiring decisions solely based on race, gender, or religion.

However, he did admit to considering these aspects as part of a broader strategy to position his business for success.

This admission has fueled the debate over the thin line between inclusive hiring and unlawful discrimination.

His comments have prompted legal analysts to delve into the complexities of diversity, equity, and inclusion (DEI) policies in workplaces and educational institutions. These policies aim to enhance representation but are now under scrutiny for their legal implications.

Debating diversity, equity, and inclusion in hiring

The concept of DEI, while aimed at fostering diverse workplaces, is now being questioned for potentially crossing legal boundaries.

Lucas pointed out that any form of race discrimination, regardless of intention, is considered illegal.

She emphasized the importance of making decisions based on the specific labor market and industry requirements rather than broader demographic considerations.

Lucas remarked:

All race discrimination is wrong. It doesn't matter how benevolent you're trying to be here, that you have good intentions. If you're making a decision based on race in whole or in part, you're violating the law.

Lucas further differentiated between equity and equality in hiring practices.

She stressed that while equity focuses on outcomes based on race, equality ensures equal opportunities for all, which aligns with the EEOC's mission.

Implications for Mark Cuban and broader hiring policies

The debate over Cuban's hiring practices highlights a broader conversation about legal compliance in employment.

Lucas advised against being misled by labels that do not reflect actual practices. She warned that if DEI programs lead to race-based decision-making, they would be in violation of the law.

The federal official remarked:

Don't get messed up with a label that actually doesn't reflect what you're doing. But if your DEI program is about equity, and it's about race-based decision-making that you're just describing as good discrimination, yes, that's violating the law.

The concern extends beyond Cuban's actions to a larger discussion about ensuring equal workplace opportunities that are both beneficial for America and compliant with the law.


  • EEOC official Andrea Lucas warns against hiring practices based on race or gender, potentially illegal under current laws.
  • Mark Cuban acknowledges considering race and gender in hiring but denies it as the sole factor.
  • Discussion on DEI policies intensifies, focusing on the legal distinction between equity and equality in hiring.
  • The controversy highlights the need for lawful and fair hiring practices in businesses.