eeoc,dei, Penguin Random House

Anti-DEI Legal Group Demands EEOC Investigation Into Penguin Random House

The publishing giant is the latest company targeted by a conservative legal group over its DEI policies.


The conservative anti-DEI organization America First Legal is urging the U.S. Equal Employment Opportunity Commission to investigate alleged “unlawful hiring and promotion practices” at publishing giant Penguin Random House.

On Dec. 16, the group released an open letter calling out the diversity, equity, and inclusion policies on Penguin Random House’s website, which America First Legal claims are “designed to exclude white men,” alleging a violation of Title VII of the Civil Rights Act of 1964.

“By focusing its ‘DEI efforts’ on demographics exclusive of white males, PRH has created policies that appear to effectively exclude this demographic from the favored consideration that other groups receive,” America First Legal wrote.

America First Legal points to the five pillars of Penguin Random House’s DEI strategy, including holding leaders accountable for results and integrating DEI into recruiting and retention efforts, among other measures. Citing the company’s 2024 workforce demographic data that compares white and BIPOC employees, America First Legal claims that Penguin Random House “proudly states that while ‘the publishing industry has made modest progress in increasing racial diversity since 2019, … Penguin Random House surpasses the industry average across most categories.’”

The open letter targeting Penguin Random House is the latest in America First Legal’s campaign against corporate DEI policies, which it claims violate the law. In November 2023, the group alleged that the DEI practices of American, United, and Southwest Airlines similarly breached Title VII by discriminating in hiring and recruiting. While the U.S. Department of Labor’s Office of Federal Contract Compliance Programs met with the airlines to review OFCCP regulations, it did not indicate that the airlines had broken the law or that any policy changes were required.

America First Legal has also filed complaints or lawsuits against companies, including Target, CBS Broadcasting, and IBM, with several cases pending and some settlements reached. While it’s unclear whether any prior America First Legal complaints to the EEOC have led to agency action, things have a strong likelihood of changing under the second Trump administration.

In March, the EEOC released guidance outlining how DEI practices might be considered “unlawful,” and recently, Chair Andrea Lucas took to X, encouraging white men to report alleged discrimination. As a result, many companies have started rolling back DEI efforts, facing backlash and boycotts in the process.

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