Woke Coke accused of violating Civil Rights act
An anti-discrimination group is challenging Coca-Cola’s attempt to impose racial quotas on outside counsel.
Writing on behalf of the Project on Fair Representation, D.C. attorney Boyden Gray accused Coca-Cola of violating the Civil Rights Act with a new rule, which would punish contracted law firms unless a certain percentage of their billed associates are "diverse attorneys."
In the letter, a copy of which was obtained by the Washington Free Beacon, Gray argues that policy violates federal law, which "prohibit[s] all forms of racial discrimination in private contracting." Coca-Cola "appears to be following the view of ‘antiracist’ activist Ibram X. Kendi," with their new requirement, Gray writes.
Former Coca-Cola counsel Bradley Gayton, who last week was appointed to serve as a strategic consultant to the company's CEO, announced in January that law firms partnering with Coca-Cola would face a 30 percent reduction in payment unless 30 percent of the firm's billed associates and partners came from diverse backgrounds. Half of those associates must also be black.
While the practice may have been implemented with good intentions, quotas "perpetuate" racial categorization, Gray told the Free Beacon.
"Coke’s outside counsel policy may be well-intentioned, but racial quotas and the notion of group rights perpetuate pernicious racial categories and rest on a false, offensive, and racist notion that blacks and other racial minorities cannot compete," Gray said. "Federal law prohibits this kind of racially discriminatory balancing. It is not enough for Coke to pause this policy; it needs to publicly revoke it. Coke should disavow race-based contracting, period."
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As a former general counsel who managed litigation among other duties, I find the Coke policy wrong on several levels. When dealing with outside counsel you look for people with experience in dealing with the specific allegations of the complaint. You also look for lawyers who are close to the area and are familiar with the courts in the area. I never once hired outside counsel because of race. Competence and experience were the most important factors.
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