A series of Sunday afternoon X posts from billionaire investor Mark Cuban in defense of diversity, equity, and inclusion (DEI) hiring policies set off a wave of online criticism that now threatens to produce real-world consequences. In an exchange savored by X owner Elon Musk with a “chef’s kiss,” Cuban’s attempt to defend his own application of DEI standards captured the attention of the Equal Employment Opportunity Commission and elicited a warning (“call your lawyer”) from a United States Senator.
Cuban’s foray into DEI advocacy began in late December when the former Dallas Mavericks owner addressed the controversy surrounding recently ousted Harvard University President Claudine Gay. His defense of Gay and the hiring practices that may have played a role in her initial promotion quickly sparked a feud with Elon Musk, as well as hedge fund manager Bill Ackman and several other influential X users.
One user, an anonymous account that posts under the name “The Rabbit Hole,” became central to the discussion by directly questioning Cuban about anti-Asian discrimination in the university system. Instead of addressing the subject, Cuban “dodged the question and gave a non-answer,” The Rabbit Hole alleged.
Musk weighed in to say that Cuban’s “hypocrisy convinces no one” despite his attempts at “virtue signaling.”
Mark Cuban is desperately trying to signal his “virtue”, but his hypocrisy convinces no one
— Elon Musk (@elonmusk) January 4, 2024
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The ensuing back-and-forth between Cuban, Musk, The Rabbit Hole, and others continued for several days, leading to mutual accusations of racism and a now-deleted post from Musk challenging Cuban to allow short White and Asian women to play for his basketball team.
Tensions between the participants have simmered ever since, and the DEI debate has reignited periodically on subjects like manufacturing standards and hiring practices in the aviation industry. In that time, Cuban has maintained that DEI standards are the most reliable way to find qualified candidates for a job, while his critics have denounced the practices as a form of racism.
In the latest flareup in the ongoing debate, Cuban once again faced off with The Rabbit Hole over an NBC News article framing DEI in aviation as a “right-wing culture war” issue.
“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 Rabbit Hole wrote. “The only hope is to keep moving the goalposts and pretending the evidence doesn’t exist.”
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.
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 Rabbit Hole (@TheRabbitHole84) January 28, 2024
Countering claims that being pro-DEI is incompatible with meritocracy, Cuban claimed that he has “never hired anyone based exclusively on race, gender, or religion.”
“I only ever hire the person that will put my business in the best position to succeed,” he continued. “And yes, race and gender can be part of the equation. I view diversity as a competitive advantage.”
However, this claim soon caught the attention of Andrea R. Lucas, a federal official from the Equal Employment Opportunity Commission.
“Unfortunately, you’re dead wrong on black-letter Title VII law,” Lucas responded. “As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point.”
@mcuban, EEOC Commissioner here. Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here.
— Andrea R. Lucas (@andrealucasEEOC) January 29, 2024
In an effort to prove that “smart people can disagree on these issues,” Cuban countered with a video of Lucas and another EEOC commissioner discussing the outcome of the Supreme Court ruling in Students for Fair Admissions vs. Harvard, which ended affirmative action in college admissions.
The video is a discussion between 2 EEOC commissioners. The initial quotes are from @JSamuelsEEOC .. The other is from @andrealucasEEOC
It's a very interesting conversation that was hosted by the @FedSoc
The conclusion is that smart people can disagree on these issues https://t.co/8ZGQIN7nL9
— Mark Cuban (@mcuban) January 29, 2024
However, with his defense of DEI potentially drawing government scrutiny, other social media users quickly piled on, accusing the “Shark Tank” host of being a racist and violating federal law. In the most ominous response, Missouri Senator Eric Schmitt (R) advised Cuban to “call your lawyer” in preparation for additional blowback.
.@mcuban call your lawyer. https://t.co/BMbhFI22JV
— Eric Schmitt (@Eric_Schmitt) January 29, 2024
While it remains to be seen whether Mark Cuban will see any direct legal consequences, the response to his argument shows a decisive shift in the debate over DEI policies, with even members of the US government speaking out against it.
As Elon Musk stated, “Cuban arguing with a rabbit & losing is 🤌”
Cuban arguing with a rabbit & losing is 🤌
— Elon Musk (@elonmusk) January 29, 2024
Watch the PBD Podcast and guest Glenn Beck discuss Cuban’s feud with Musk over DEI below:
Connor Walcott is a staff writer for Valuetainment.com. Follow Connor on X and look for him on VT’s “The Unusual Suspects.”
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