NASCAR offers a paid “diversity internship” that excludes white people from applying on the basis of their race, a stipulation a constitutional lawyer tells The Daily Wire is “blatantly illegal.”
The race car giant’s “diversity internship program” states that there are racial requirements that applicants must meet in order to be accepted.
The first bullet point listed under the heading “Program Requirements” reads “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.”
David Bernstein, a professor at George Mason University’s Antonin Scalia School of Law, told The Daily Wire that NASCAR’s racially discriminatory program is “blatantly illegal,” noting that it would “seem to violate Title VII and the 1866 Civil Rights Act.”
“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.
Despite implementing racial requirements for program applicants, NASCAR’s job postings state that the company is an equal opportunity employer. “NASCAR is an Equal Opportunity Employer (EEO). We seek to attract and retain the best qualified people available,” it reads before going on to say “All qualified applicants will receive consideration for employment without regard to race.”
NASCAR has faced criticism in recent years for “going woke.” Last year it apologized for having Texas’s Republican Gov. Greg Abbott appear at one of its races, and just this month it suspended a driver indefinitely for “liking” a meme on Instagram that made light of the death of George Floyd. Some fans reacted to the suspension by calling for a Bud Light-style boycott of the racing league.
NASCAR is far from the only company that’s imposed race-based requirements for career opportunities. Tech industry giant Oracle hosted two internship and scholarship opportunities that excluded white and Asian applicants on the basis of their race, a recent report from The Daily Wire revealed.
Other well-known companies, including Best Buy, Liberty Mutual, US Bank, and Bayer Pharmaceuticals, participated in career advancement training programs from McKinsey and Company that banned white employees on the basis of their race.
There’s also Voya Investment Management, which hosted a Financial Services Diversity Scholars Program that required applicants for the paid internship to “self-identify” as a minority to participate.
The attorneys general from 13 different states recently warned companies that they will face “serious legal consequences” if they engage in racial discrimination.
NASCAR did not respond to a request for comment.