Man, if we held stock in any of Mark Cuban’s companies, we would probably be pretty mad right now, because he has just exposed them to an avalanche of lawsuits and there is a good chance he is going to lose many of them.
As you know, Cuban has been on a tear recently, dishonestly defending DIE. That would be Diversity, Inclusion and Equity initiatives.
[Ed: That’s spelled DEI.]
[Author: Oh, I wrote DIE, which is totally a mistake and not a tongue-in-cheek way of making fun of it. Dang dyslexia! I’ll be sure to correct it before I hit publish and to delete these notes. We wouldn’t want to get that wrong!]
Of course, by themselves, the words Diversity, Inclusion and Equity don’t sound too bad. But in recent years, it has become code for discrimination by race and other forbidden factors. Yesterday, he seemed to vaguely defend the DIE concept by commenting on a story about how us evil right wingers are attacking the airlines for having trouble keeping planes in good repair and apparently discriminating by race, sex and so on. We have had the temerity to think that if you hire people to fly and fix your aircraft based on anything but merit, that this might lead problems and Cuban is apparently angry at us for thinking that:
— Mark Cuban (@mcuban) January 28, 2024
That led an account called The Rabbit Hole to call him out. We never heard of this account before today, but it has earned a follow from us because it led to some true hilarity. It started with this post, responding to Cuban’s post on the article:
When shown proof of how DEI discriminates, you wrote it off by stating private entities can do whatever they want. Since then the goalposts have repeatedly been shifted.
— The Rabbit Hole (@TheRabbitHole84) January 28, 2024
Given the weak nature of your defenses of DEI, I suspect there is no real rebuttal to the criticisms myself… pic.twitter.com/VvIcCZ5ZuN
The cut off text reads:
Given the weak nature of your defenses of DEI, I suspect there is no real rebuttal to the criticisms myself and others have raised. The only hope is to keep moving the goalposts and pretending the evidence doesn't exist.
The alternative would be doing the brave thing of acknowledging you were wrong - although this would do a lot of good, it does not seem you've arrived at this destination yet.
This led to a full-on Twitter/X argument, the discussion going back and forth, sometimes up through quote posts, and so on. But it led to The Rabbit Hole writing:
I believe in a colorblind meritocracy; this means I am against forms of hiring which undercut merit including forms of hiring which cut out merited individuals over their group association(s).
— The Rabbit Hole (@TheRabbitHole84) January 28, 2024
I’ve answered plenty of your questions so can you do one for me:
Title VIl of the…
The cut off text reads:
Title VIl of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Have you have hired people on the basis of demographics on the belief that doing so better positioned your companies to succeed?
Thank you
Not for nothing, but what The Rabbit Hole is saying is pretty close to what Thaddeus Stevens (the ‘Father of the Fourteenth Amendment’) said his 'dream' was when proposing the original draft of the Equal Protection Clause: ‘no distinction would be tolerated in this purified Republic but what arose from merit and conduct.’
But Cuban doesn’t want that. He wants discrimination:
I’ve never hired anyone based exclusively on race, gender, religion.
— Mark Cuban (@mcuban) January 28, 2024
I only ever hire the person that will put my business in the best position to succeed.
And yes, race and gender can be part of the equation. I view diversity as a competitive advantage
Now how would you… https://t.co/gxdtauMHtz
The cut off part of the message reads:
Now how would you propose finding organizations that give preference to white people?
Why aren’t you working as hard to show examples of white preference as you are DEI ? You claim to abhor both
All of which is a weird non-sequitur. The Rabbit Hole explicitly said s/he was against hiring white people for being white. But Cuban thinks s/he is not as interested in ferreting out that discrimination because he is psychic or something. He has no evidence that The Rabbit Hole isn’t equally interested in stopping pro-white discrimination, but he’s convinced he or she doesn’t, anyway.
But the part that will give him trouble is when he wrote ‘[a]nd yes, race and gender can be part of the equation. I view diversity as a competitive advantage.’
And that would be when Andrea Lucas entered the chat. Who is that? Well, let’s let her explain:
In case you need a primer on the law: https://t.co/01S2luOvRw
— Andrea R. Lucas (@andrealucasEEOC) January 29, 2024
Of course, her bio says that ‘[v]iews are my own and should not be attributed to the EEOC or any other member of the Commission.’ But if you own a business and the commissioner of the EEOC (the Equal Employment Opportunity Commission) calls you out in public and tells you that you are committing discrimination … that’s really bad.
And America First Legal is ready to swoop in and help make worse for Cuban:
‼️ This is the beauty of @X --here you have @mcuban openly admitting to violating black-letter employment law, and getting admonished/corrected in real-time by an EEOC Commissioner (@andrealucasEEOC). For the entire world to see. https://t.co/EbmV3dfcDg https://t.co/8ynr0VsVd5
— America First Legal (@America1stLegal) January 29, 2024
If you work for Mark Cuban and you’ve been discriminated against on the basis of your race or gender, please contact @America1stLegal for legal help.
— Election Wizard (@ElectionWiz) January 29, 2024
Strictly speaking, if you have merely applied for a job and he didn’t hire you, you might consider contacting them. The Civil Rights Act of 1964 covers discrimination at every stage, from hiring practices, to how you are treated as an employee, to the end of employment. It is meant to make factors like race or sex a non-issue in employment.
.@mcuban call your lawyer. https://t.co/BMbhFI22JV
— Eric Schmitt (@Eric_Schmitt) January 29, 2024
We’re pretty sure his lawyer will be calling him before too long—just after the lawyer is done banging his or her head into the nearest desk. Either that, or the lawyer is dancing around the office, shouting: ‘I am going to have so many billable hours!’
Well now. Isn’t this interesting?
— The Rabbit Hole (@TheRabbitHole84) January 29, 2024
We bow to you, sir or madam. We don’t know why Cuban got so upset at an anonymous account, but we deeply appreciate it.
Sounds like a lawsuit.
— Ian Miles Cheong (@stillgray) January 29, 2024
Sounds like several.
Call me a bad businessm*n but I don't think job applications should have name, sex, ethnicity, and maybe even age listed at all.
— George Alexopoulos (@GPrime85) January 29, 2024
Just qualifications 😱 https://t.co/fo0OwUPZVn
Kind of amazing that @mcuban walked face first into a global admission that he’s violating civil rights laws in hiring and employment practices. He’s delivered on a silver platter evidence that many of his employees or job applicants can use to now sue him on these grounds for… https://t.co/pq5qPntawW
— Wade Miller (@WadeMiller_USMC) January 29, 2024
The full text:
Kind of amazing that @mcuban walked face first into a global admission that he’s violating civil rights laws in hiring and employment practices. He’s delivered on a silver platter evidence that many of his employees or job applicants can use to now sue him on these grounds for discrimination. Amazing.
We wouldn’t use the word ‘amazing.’ More like ‘hilarious.’
Someone call the police, Mark Cuban just got murdered. Too bad more employers don't know the rules nor follow the rules. DEI is a religion adored by the Left and RINOs like @RepDonBacon that voted to keep DEI in the military.
— Nebraska Freedom Coalition (@NebraskaFreedom) January 29, 2024
Who would think that promoting and assigning military… https://t.co/KvngfnuH40
Whoopsies. https://t.co/olr83mbue5
— J.R. Holmsted (@JHolmsted) January 29, 2024
President Trump’s next EEOC Chair has the chance to do something very funny to Mark Cuban. https://t.co/s8OulQaDQW
— The Columbia Bugle 🇺🇸 (@ColumbiaBugle) January 29, 2024
In fact, the State of Texas could probably do something very funny to Cuban right now.
Cuban gets slapped… https://t.co/hsOeBvqLBW pic.twitter.com/yp34bT9VZk
— Googalathu Malungu (@googalathu1) January 29, 2024
Mark Cuban right now... https://t.co/lcitvKv2Zb pic.twitter.com/q2KvXaLA6z
— SpanxFTW (@craymodude) January 29, 2024
alright, I've seen enough
— joshua steinman (🇺🇸,🇺🇸) (@JoshuaSteinman) January 29, 2024
this is the best tweet of 29 January, 2024
we can all go home https://t.co/7eRekmr15Q
Well, we’ll stay on duty, just in case.
TFW you realize you stepped in 💩 being a “good guy” racist pos. https://t.co/nNhgillbij pic.twitter.com/i0BCSPJM2Z
— Fellen Degenerous (@gigabanman) January 29, 2024
I wish Cuban was capable of feeling humiliation.
— Dr Manhattva (@Manhattva) January 29, 2024
This would be devastating if he understood it. https://t.co/rHP5EFOZhf
Weird. Suddenly @mcuban is silent here.
— fbastiat (@ax123man) January 29, 2024
crickets.....
With that admission Mark Cuban just opened himself up to EEOC & other civil lawsuits.
— bbuckley (@bbuckley88) January 29, 2024
Dude, don’t talk without running it by your lawyer!
😂🤣
We have noted several times, to our great amusement, that Elon Musk is required by a court order to run every post on Twitter/X by his lawyer before hitting send. He has been fighting it in court (and he should win) but last we heard, that was the rule. We think that is funny because Musk puts out some pretty colorful content, publishing sexy photos of his ex Amber Turd Heard and even talking about his … um … anatomy. Can you imagine being the lawyer who has to go over every proposed post?
But Mark Cuban seems to need to impose a similar limitation on himself—if he has the self-discipline.
just watched a cartoon rabbit convince mark cuban to implicate himself in crime, and people wonder why I spend so much time on social media
— Mike Solana (@micsolana) January 29, 2024
Well, maybe not a crime, but multiple civil violations that will cost his companies millions.
WOW—The Commissioner of the U.S. Equal Employment Opportunity Commission just told Mark Cuban his hiring practices are “dead wrong”
— Te𝕏asLindsay™ (@TexasLindsay_) January 29, 2024
I’m never deleting this app 😂 pic.twitter.com/w7tGEfSuK0
Even if you do, Lindsay, we will be here to cover whatever ridiculous thing happens next.
WEIRD: After Admitting To Discriminating Against White Men, Mark Cuban Hires Massive Team Of White Male Lawyers pic.twitter.com/AV3zYbFkVk
— News That Matters (@ThatmattersNews) January 29, 2024
Of course, that story is satire—that entire Twitter feed is satire. But we suspect it might come true.
Update: Mark Cuban opened up an AMA (Ask Me Anything) session on Twitter/X over an hour ago and just addressed the controversy. It started with this question:
How would you respond to the EEOC Commissioner? pic.twitter.com/tZ4fOi9nr2
— Ian Miles Cheong (@stillgray) January 29, 2024
And this is how Cuban responded:
All of our decisions are based on hiring the best candidate. Can’t say it any more often than I have
— Mark Cuban (@mcuban) January 29, 2024
To be blunt, that doesn’t seem very honest to us. He said that “race and gender can be part of the equation” when choosing whom to hire. That is in direct contradiction with claiming that he only hires the best. And it certainly won’t stop the avalanche of lawsuits that is likely to come because of what he said.
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