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Kellogg’s Subject of Challenge to Diversity Hiring Practices

America First Legal, headed by a former President Trump advisor, has urged the Equal Employment Opportunity Commission to investigate Kellogg Co over its workplace diversity policies. It claims these policies are unlawful, and the organization is unhappy with Kellogg's use of an openly LGBTQ+ person on its products. According to its complaint, America First alleges Kellogg's hiring, training, and promotion practices try to achieve a balance based on race and sex that violates federal anti-discrimination laws. It also protested the company using RuPaul on its boxes of Cheez-It crackers during LGBTQ Pride Month, claiming Kellogg was “discarding” “long-held family-friendly marketing” and instead choosing to “politicize and sexualize its products.”

Kellogg responded by asserting its commitment to complying with employment laws and noting its policies to prevent workplace discrimination. The company also said it aspires to "better reflect the diversity of our consumers and to strengthen our inclusive culture."

The EEOC generally investigates complaints initiated by workers, which is not the case here. However, each of the EEOC’s five commissioners may launch independent reviews and file charges if there is a finding of discrimination. These filings are rare. America First has also filed lawsuits against Texas A&M University, Nordstrom, and Target to interfere with their diversity, equity, and inclusion efforts. Regarding Nordstrom, the organization is protesting its goal of increasing Black and Latino representation in manager roles by at least 50% over the next few years. The U.S. Supreme Court's recent prohibition on considering race in educational admission decisions may have encouraged more of these challenges to workplace efforts. CBS News recently reported that many employers remain committed to diversifying their workforces.