The Department of Justice Intends to Support the DEI Policy, Which Potentially Jeopardizes Boeing's Agreement
The politically charged dispute is unfolding in a federal court in Texas, where US District Judge Reed O’Connor has zeroed in on common terminology utilized by the Justice Department, urging diversity, equality, and inclusivity to be taken into account while selecting corporate monitors. O’Connor established a deadline of this coming Friday for the administration to clarify its application of so-called DEI policies in this particular program.
Since at least 2018, the diversity-focused language featured in Boeing's criminal agreement has been present – under the Trump administration, according to a source well-versed in the policy. However, it has evolved into a significant stumbling block as O’Connor deliberates whether to approve the agreement.
Controversial DEI policies – adopted by companies to cultivate a neutral workplace setting irrespective of race, religion, gender or sexual orientation – have attracted criticism from conservatives who contend that these policies, rather than fostering fairness, actually promote discrimination against certain groups, particularly Whites.
The ongoing court proceedings in Texas will decide whether Boeing can officially accept guilt as part of a settlement with the Justice Department, resolving a criminal investigation that stemmed from aircraft accidents that resulted in the loss of 346 lives. A vital aspect of the settlement encompasses a court-appointed monitor who would oversee a three-year probationary period while the company implements safety and compliance improvements.
Boeing officials are eager for the agreement's approval to put the company's legal and regulatory issues behind them. The emergence of the political debate surrounding DEI poses a risk of causing unnecessary delays, as Boeing strives to recuperate from negative public sentiment over safety lapses and management transitions.
Boeing didn't provide an immediate comment in response to a request.
Justice Department and Boeing officials are preparing for the possibility that O’Connor might utilize this case as an opportunity to contest the use of diversity policies, which the Biden administration has endorsed, ultimately prolonging litigation and postponing the Boeing plea.
The issue first emerged at an October 11 hearing in Fort Worth, where O’Connor navigated through the typical facets of the plea deal before addressed the inclusion of DEI considerations in selecting a monitor.
“So what does ‘diversity’ mean in this context?” the judge asked the DOJ attorney.
Assistant United States Attorney Sean Tonolli acknowledged his lack of expertise in DEI, trying to convey that the policy does not necessarily mean selecting less qualified monitors, prompting further inquiry from the judge.
“Did the department previously exclude individuals based on race, gender, and other factors?” the judge questioned.
Tonolli responded: “To the best of my knowledge, it did not.”
O’Connor, a judge appointed to the bench by President George W. Bush in 2007, has gained recognition amongst conservatives as a dependable ally seeking to challenge policies from Democratic administrations in the judicial system.
In 2018, O’Connor issued a ruling invalidating the Affordable Care Act's individual coverage mandate, albeit later overturned by the Supreme Court. He also temporarily suspended guidelines enabling transgender students to utilize bathrooms that align with their gender identification in 2016 and supported Texas in 2015 against an Obama administration measure extending family leave benefits to married same-sex couples.
The Justice Department uses diversity, equality, and inclusivity principles while selecting corporate monitors, as seen in Boeing's criminal agreement. This emphasis on DEI policies has become a contentious point in Judge O'Connor's consideration of approving the agreement, potentially delaying Boeing's legal resolution.
