WASHINGTON, D.C. – Today, America First Legal (AFL), partnering with co-counsel at Consovoy McCarthy, filed a lawsuit on behalf of its client against Ally Financial—a top 25 bank holding company in the United States. The lawsuit alleges that, in pursuit of its diversity goals, Ally engaged in illegal race- and sex-based hiring practices and discriminated against AFL’s client in violation of Civil Rights laws.
In this case, AFL’s plaintiff is a veteran who spent over two decades performing intelligence and counterterrorism work for the U.S. Armed Forces, including in Iraq and Afghanistan. In 2023, Ally posted three new positions in its newly created Physical Security and Threat Division. The plaintiff applied for all three positions: the Manager, the Senior Analyst, and the Analyst.
After two interviews, Ally passed over AFL’s client—who had more than 20 years of relevant experience—for an individual with less than one-fourth of that experience but fit Ally’s preferred “gender identity” of female. The lawsuit further alleges that Ally hired AFL’s client into the lowest position available in an act of racial discrimination to increase the percentage of racial minorities it reported hiring into specific roles.
Ally has openly admitted in its public filings that it has a practice of illegally engaging in race- and sex-based balancing, rewarding executive leaders who include a “specific focus on representation and diversity trends within the workforce.”
With respect to gender balancing, Ally recently boasted that “[a]s of December 31, 2023, our gender representation is approximately 51% men and 49% women. We increased or maintained representation of women and people of color in our manager and above roles, and redesigned programs to create more opportunities for individuals new to their roles in the company.”
Ally’s conduct violated the protections against race-based and sex-based discrimination in the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964. AFL’s client brings this action to vindicate his rights under these statutes and obtain legal and equitable redress for Ally’s unlawful discrimination.
Statement from Gene Hamilton, America First Legal Executive Director, Executive Vice President, and General Counsel:
“Federal law is clear–no discrimination means no discrimination. Yet major corporations across the United States have apparently abandoned this basic concept in favor of programs and policies that blatantly discriminate against American citizens for the very things that they cannot control. No American should ever face discrimination on account of their race or sex, and we will fight to achieve justice for our client,” said Gene Hamilton.
Read the lawsuit here.
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