JEFFERSON CITY, Mo. – Missouri Attorney General Andrew Bailey has filed suit against International Business Machines Corporation (IBM) for violating the Missouri Human Rights Act. General Bailey asserts in the lawsuit that IBM not only actively subjects job applicants to unlawful racial and gender quotas, but also bases current employees’ pay and employment statuses on whether they participate in the discriminatory practices.
“It has come to my attention that IBM has adopted an unlawful policy that blatantly favors applicants of a certain skin color over others, and that managers within the company who refuse to comply with said policy face adverse action, including and up to, termination. Discrimination in the workplace violates both state and federal law, which is why I am filing this lawsuit,” said Attorney General Bailey. “Missourians deserve answers as to why one of the largest technology and consulting companies in the world, with offices based in Missouri, is discriminating against both prospective and current employees. As long as I’m Attorney General, discrimination will be dead on arrival in this state.”
The lawsuit asserts that when making employment decisions, IBM uses a ‘diversity modifier,” a standard requiring the company to annually obtain certain hiring quotas based on race, color, national origin, sex or ancestry. Racial and gender quotas violate the Missouri Human Rights Act, which protects both job applicants and employees of a company from being subject to unlawful, discriminatory practices.
General Bailey states in the lawsuit, “It is an unlawful discriminatory practice for an employer to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, national origin, sex, or ancestry.”
The lawsuit alleges eight specific violations:
- Count I: Actual or Attempted Inciting, Compelling, or Coercing Unlawful Discriminatory Practices
- Count II: Actual or Attempted Aiding or Abetting Unlawful Discriminatory Practices
- Count III: Unlawfully Limiting, Segregating, or Classifying Employment Applicants
- Count IV: Unlawful Printing or Circulation
- Count V: Unlawful Employment Inquiry
- Count VI: Unlawful Employment Application Form
- Count VII: Unlawfully Failing or Refusing to Hire Individuals
- Count VIII: Retaliation or Discrimination for Opposing IBM’s Unlawful Discriminatory Practices
Attorney General Bailey is seeking an injunction to halt the discriminatory behavior.