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WASHINGTON, D.C. – America First Legal (AFL) filed a federal civil rights complaint with the U.S. Equal Employment Opportunity Commission (EEOC) calling for an investigation into the San Francisco 49ers for alleged violations of federal law in the name of “diversity, equity, and inclusion” (DEI). AFL also sent a letter to 49ers President Al Guido demanding that the team immediately end all discriminatory employment practices.
AFL has taken similar action against the Los Angeles Dodgers, Major League Baseball (MLB), NASCAR, and the National Football League (NFL) to combat unlawful DEI programs.
On the football field, 49ers Head Coach Kyle Shanahan has described that the 49ers “play the best player.” Not the oldest, youngest, or most diverse — the best. But off the field, merit is apparently tossed aside for woke ideology, and 49ers engage in race- and sex- based hiring preferences.
The 49ers’ public descriptions of the team’s employment practices suggest it may be violating Title VII of the Civil Rights Act of 1964 by basing hiring decisions on employees’ and applicants’ race, color, sex, or national origin. AFL’s complaint details the team’s DEI game plan, discriminatory employee resource groups, and coaching fellowship for minorities — each of which appears to be ongoing.
DEI is still front and center in the 49ers' employment playbook. The 49ers’ President, Al Guido, has stated that the team is committed “to modeling the diversity of its fan base and society in our employment practices” and that it is always looking “to attract diverse talent."
The 49ers’ webpage describes its discriminatory commitments:
The Four Pillars of the 49ers’ “Diversity, Equity, and Inclusion Strategy” — Community, Training & Development, Talent & Opportunity, and Accountability & Responsibility — describe that the 49ers intend to be accountable to their DEI goals, creating a workforce with specific demographic targets by embedding DEI in employee training, recruiting, hiring, and promotion. The 49ers’ Employee Resource Groups (ERGs) offer benefits, including networking and professional development opportunities, to employees who meet specific criteria based on their racial, ethnic, or national origin. The 49ers also participate in the Bill Walsh NFL Diversity Coaching Fellowship, giving opportunities to minority coaches.
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Americans have not forgotten the 49ers’ track record on race and sex issues. The 49ers host LGBTQ-centric events, such as drag brunches and Pride Watch Parties (featuring a “drag halftime show!”), that are open to children.
The 49ers’ public positions on social and political issues have drawn national attention in years past. In 2016, the team supported quarterback Colin Kaepernick’s decision not only to remain seated, but also to kneel, during the national anthem, permitting him to continuously disrespect the flag that represents Americans’ ideals and sacrifice. Years later, the 49ers flew a “Black Lives Matter” flag (flown at or above the level of the American flag, posted alongside another photo of the BLM flag where the American flag is blocked entirely) at the same stadium where Kaepernick first took his “stand.”
AFL will continue to hold organizations accountable for engaging in divisive and discriminatory conduct.
“The San Francisco 49ers are named after those who left everything behind and bet on themselves, sacrificing blood and sweat to extract minerals from the earth. The 49ers have abandoned that tradition, relying on race and sex instead of merit to decide winners and losers,” said Will Scolinos, Counsel for America First Legal. “Sports are supposed to be the ultimate meritocracy where talent, skill, and preparation determine success. It’s not too late. The 49ers should abandon these DEI policies and rip all discriminatory pages out of their playbook.”
Read the EEOC complaint here.
Read the letter to 49ers President Al Guido here.
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