The US Supreme Court ruled in SFFA v. Harvard on June 29, 2023, that discriminating on the basis of race in college
admissions violates the equal protection clause of the 14th Amendment.1
Attorneys General of 13 States warned Fortune 100 companies on July 13, 2023, that SFFA implicated corporate DEI
programs.2
Prior legal advice regarding the legality of racially discriminatory programs has been called into question post-SFFA.3
Recent analysis of American Fortune 100 hiring in the wake of the 2020 race riots found that whites were excluded
from 94% of the hiring decisions,4 a statistic that itself provides prima facie proof of illegal discrimination on the basis
of race by these companies, given that whites constitute 76% of the American population.5
Boeing is explicitly involved in discriminating on the basis of race and other protected categories, stating that: “To
advance equity and diversity ... we will strive to achieve by 2025”: (1) “Increase the Black representation rate in the U.S.
by 20%”; (2) “Achieve parity in retention rates of all groups”; (3) “Close representation gaps for historically
underrepresented groups.”6 In addition, Boeing is expressly incentivizing employees to engage in this racial and other
discrimination, stating that “we are galvanizing our entire workforce to improve equity through annual incentives to
advance equitable talent selections.”7 Finally, Boeing allocates additional resources via “Business Resource Groups”
that also appear facially discriminatory in light of group names like the “Boeing Black Employees Association.”8