|
WASHINGTON, D.C. – Today, America First Legal (AFL) filed a federal civil rights complaint against the Port Authority of New York and New Jersey (Port Authority) with the U.S. Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Office of Management and Budget (OMB), alleging unlawful race-based discrimination through its diversity, equity, and inclusion (DEI) programs, and requesting an immediate investigation for violations of Title VI of the Civil Rights Act of 1964.
The Port Authority is one of the nation’s largest and most important international trade hubs, and receives significant funding from the federal government, including more than $3.6 billion from DOT since 2008 and a $451 million grant from the EPA in 2024. Instead of prioritizing safety and efficiency for the 195 million people and $200 billion in goods transiting through its facilities every year, the Port Authority has used these resources to entrench illegal racial preferences throughout its operations:
Workforce Discrimination: Port Authority leadership has confirmed the existence of programs designed to build representation “across the board” and stated that they have “identified and promoted talented Black professionals to key positions of leadership,” implying the use of racial quotas prohibited under federal law. Supplier Discrimination: The Port Authority operates a large-scale work supplier DEI program that discriminates on the basis of protected characteristics, including race. The Port Authority has express quotas, including “20% participation with certified Minority-owned Business Enterprises (MBEs).” Price Preference Policy: The Port Authority offers “minority-owned” businesses a substantial competitive advantage under its “price preference” policy, which allows minority owned vendors to win contract bids even if their price exceeds the lowest bid by up to 10 percent. Permanent Equity Council: In 2023, the Port Authority announced the establishment of a permanent Workplace Equity Council, a body dedicated to “an emphasis on considering opportunities and equity for Agency employees throughout their careers.” This suggests that the Port Authority’s unlawful racial discrimination occurs not only at the hiring stage but also in decisions of promotion and career advancement.
Title VI explicitly prohibits recipients of federal funds from discriminating on the basis of race, color, or national origin, and the Port Authority’s race-based hiring, promotion, and contracting policies are clear violations of federal civil rights law.
In addition to requesting a federal investigation, AFL also filed a state Freedom of Information Law (FOIL) request seeking records that will show the scope and breadth of the Port Authority’s discriminatory policies.
“The Port Authority is going to collect and spend over $9 billion this year. It is responsible for overseeing one of the busiest travel hubs in the world: New York City, including six airports, four bridges, and four seaports, three rail yards, two tunnels into Manhattan, and the World Trade Center. But instead of focusing on delivering the most efficient movement of goods and people through its facilities, the Port Authority is more concerned with its ‘Equity’ initiatives. Every extra dollar the Port Authority spends on discriminatory initiatives is a tax it passes on to travelers, ratepayers, and consumers who purchase goods that pass through New York,” said Andrew Block, Senior Counsel at America First Legal.
AFL’s complaint urges DOT, the EPA, and OMB to promptly investigate the Port Authority and seek remedial action.
Read the complaint here.
Read the FOIL request here.
|
