American Airlines to drop DEI policies and quotas for recruitment, hiring after lawsuit

The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) informed America First Legal about the decision. “American companies must return to using merit—not the desire to check a DEI box—to select the most skilled and qualified employees. American Airlines’ agreement with the OFCCP is AFL’s latest victory in our fight to put illegal discrimination on the no-fly list,” said Will Scolinos, America First Legal Counsel

The decision came as a result of a complaint filed by AFL against AA with the OFCCP, which accused the company of not complying with federal law even though the airline does a massive amount of business with the federal government and has been the beneficiary of $140 million in federal contracts since 2008. In order to qualify for those contracts, AA had to promise to adhere to the Executive Order 11246 that prohibits discrimination in hiring, promotion, or employee training based of race, color, religion, sex, or national origin. It has failed to do so and has embraced discrimination based on race and sex in its hiring practices, Cadet Academy program and promotional activity.

On Dec. 13, 2024, the OFCCP began investigating AFL’s complaint by interviewing AA representatives and assessing the company’s record as per the instructions of 41 CFR §60-1.24 (c) (2). That investigation found clear evidence that the airline had failed to uphold the equal opportunity component, necessitating a compliance conference to initiate remedial action. Following the intervention, AA affirmed it had been in violation of laws banning discrimination based on race or gender when hiring or promoting its business and agreed to cease that contravention.

AFL has also asked for like investigations to occur at United Airlines and Southwest Airlines. The OFCCP has subsequently informed AFL that these airlines have agreed to abolish their discriminatory and illegal recruitment and hiring policies that establish quotas linked to the race and the sex of people who respond.

American Airlines, United Airlines, and Southwest Airlines together control about 50 percent of airline traffic in the US. AFL promised to pursue illegal DEI practices wherever companies are enjoying the benefits of federal contracts but not adhering to federal laws against discrimination. A US federal court recently quashed NASDAQ’s DEI mandates aimed at the boards of member companies, reflecting an increasing trend against woke policies being promoted in America’s corporate world.