Harker v. Meta Platforms, Inc., et al.

Case Number: 23-cv-07865, S.D. NY.

DEI
November 2023
Status: Ongoing
DEIDiscriminationWoke Corporations

Problem:

The plaintiff, James Harker, is an older white male. He has worked on film sets for more than 20 years doing electrical work. He has worked as a gaffer, the chief electrician on set, as well as a best boy electrician. The Defendants, Meta, BBDO, AICP, and Something Ideal, discriminated against him in hiring and job placement, despite his experience; all because he is the wrong race. The Defendants put into practice a program called “DoubletheLine,” which hired candidates based on whether they were “BIPOC,” otherwise known as “Black, Indigenous, or People of Color.” Because Mr. Harker is white, he was not eligible to participate in the DTL Program.

Action:

AFL filed a lawsuit pursuing claims under Section 1981 which guarantees “[a]ll persons … the same right … to make and enforce contracts” and Section 1983 which prohibits a conspiracy to violate an individual's civil rights. Likewise, AFL brought claims for a violation of Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination of “any individual” because of “such individual’s race.” AFL also brought claims pursuant to New York’s Human Rights Law, or NY CLS Exec § 296, which makes unlawful discriminatory practice for any employer to refuse to hire or employ or to bar from employment any individual on the basis of race.

Result:

This case is currently being litigated.

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