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Feb 23, 10 tweets

Hello there, @mcuban. It appears as though some remedial education is in order. Please follow this 🧵 for a primer on the law.

- Federal law--the Civil Rights Act of 1964, in fact--prohibits discrimination on the basis of race and sex. See 42 U.S.C. § 2000e-2(a)(1).

/2 As the plain text of the statute says, you cannot "discriminate against any individual . . . because of such individual's race, color, religion, sex, or national origin."

"Discriminate" means treating an individual worse than others who are similarly situated. See Bostock v. Clayton County, 590 U.S. 644, 657 (2020).

/3 "Pay equity," as Microsoft describes it, is illegal. "Equity" is not "equality." Microsoft apparently explicitly considers an employee's race or sex as a factor when setting his or her compensation. Meaning, it "discriminates against" that employee if they are white or male.

/4 So when a company like Microsoft then goes on to brag that all racial and ethnic minority groups earn $1.007 total pay for every $1.000 earned by white employees, that's an explicit sign of illegal consideration of race in employee compensation. You cannot pay someone less because of their skin color.

/4 Same for sex. Microsoft brags that it pays women $1.007 total pay for every $1.000 earned by men.

You cannot discriminate against someone because of their sex.

/5 Your straw man argument doesn't work.

No one has said, "it is inconceivable that various minorities and women could be hired and promoted . . . exclusively based on merit."

They certainly can and are. That's fabulous. It's 2024.

/6 But people have rightfully called out policies that EXPLICITLY consider race and sex as factors in employment decisions. And they should, because that's ILLEGAL.

/7 You simply cannot discriminate on the basis of race or sex. It's black-letter law. All Americans deserve equal treatment under the law regardless of race or sex.

There's even a Constitutional Amendment on point.

/8 As lawyers, we'd encourage you to comply with your legal obligations and NOT discriminate against Americans based on race or sex in your employment decisions.

As Chief Justice Robert said nearly two decades ago, "[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

/9 But if you continue to embrace "equity" (aka discrimination) as much as it seems, please at least do us all the favor of being consistent with it in all areas of your life.

Make a wish come true for @WuWei113 and embrace "equity" for the players on the @dallasmavs


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