America First Legal Files Federal Civil Rights Complaint Against Shake Shack For Illegal Race and Sex Discrimination, the FIRST use of SUPREME COURT decision on discrimination in the landmark Muldrow v. City of St. Louis decision!
America First Legal’s (AFL) Center for Legal Equality filed a federal civil rights complaint with the U.S. Equal Employment Opportunity Commission (EEOC) against Shake Shack, Inc. for alleged race and sex discrimination conducted under the guise of so-called “Diversity, Equity, and Inclusion” (DEI). AFL also sent a cease and desist letter to the CEO and Board of Directors of Shake Shack, demanding the company end its discriminatory employment practices in violation of the Federal Civil Rights Act of 1964.
The Supreme Court’s recent ruling in Muldrow v. City of St. Louis held that employers violate Title VII when they change the terms or conditions of employment because of race, sex, religion, or national origin. In these contexts, the employee need not suffer “significant” negative effects so long as the affected individual establishes that he or she has suffered at least some degree of harm. Furthermore, the Court held that “terms and conditions” of employment in the Title VII context are not limited to the “narrow contractual sense,” which opens up Title VII to include transfers, changes in assignments or responsibilities, and other work-related identifiable harms that are motivated by the prohibited characteristics.
Shake Shack appears to be discriminating on the basis of race and sex to promote its radical DEI agenda. To that end, it has established diversity goals as it aims to unlawfully consider protected characteristics of applicants, employees, and even its Board of Directors. Shake Shack filed a Proxy Statement with the SEC in May 2023 in which it described its “5-Year Diversity Targets” that focus attention on “women and people of color specifically” as the Company looks to “match the demographics of [its] workforce and the country at large.”
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