
Hello Alice case can have a high risk of corporate diversity
When Elizabeth Gur received an email two years ago to inform her that the first legal American (AFL) was turning a collective lawsuit against her company, welcome, Alice, she thought it was unwanted.
AFL is a conservative activist group that was postponed in 2021 by Stephen Miller, one of the closest allies of President Donald Trump and Deputy Chief of Staff In Trump’s second state. according to Its website on the InternetAFL “is” the illegal opposition to the government exceeded and fighting to restore the rule of law in the United States. “
Gore could not understand the reason for the interest of Miller in its company, a commercial platform for business that serves mother and pop companies, and provides them, for example, a data -backed assessment of its financial fitness, and the potential access to the Hello Alice card and other capital forms. Hello Alice sees part of a group of companies, government agencies and non -profit organizations that protect one of the main paths of the American dream itself.
But the message was not the random mail. America’s first legal alleged When Hello Alice grants a $ 25,000 grant to black -owned commercial car companies, it violates a Civil Rights Law From 1866, racial discrimination in contracts is prohibited.
Email at AFL has started a long, emotional, emotional battle that has consumed Gore and its founder Elizabeth Rhodes since then, as Gore explained, even as it was Hello Alice Grow up. Although the battle plays away from the national lights, it provides a land test for legal arguments that may help companies defend their programs directed towards diversity against reverse racism claims.
25,000 dollars, a two -year battle
The relevant program has been sponsored progressiveThe insurance company, a accused of the lawsuit, along with Circular Board, hello Alice’s. The legal challenge was brought on behalf of Nathan Roberts, a white man in Ohio who owns a company called Send a truck freedom.
Last year, the conflict seemed briefly ended: a federal judge in the northern province in Ohio agreed to reject the case because the plaintiffs failed to show that Roberts would win the grant if the competition that was neutral in race. Legally, he had no “position” to bring the issue, a discovery related to some details about the situation. (For one, Roberts did not apply for the grant during the application window and sued the company only after closing the window.)
But America first appealed this decision, and in late July, the lawsuit came before the Court of Appeal in the sixth circle of Cincinnati, where AFL argued again of their damage due to an injury because he was not able to apply for the grant.
Now, based on the discussion that preceded a three -judge plate in the sixth circle, it seems that the Hello Alice suit will reinforce a reliable tool, if the companies that you can use to defend against the opposite racist claims are in anti -DEI campaigns: Arcane bases and technology.
For years, companies have used procedural reasons to evade the charges of discrimination in lawsuits related to employment filed by colored persons, women, LGBTQ+ and others. Hello Alice may show that companies can successfully protect themselves from lawsuits against political motives in the same way.
“We were really grateful to the court’s questions,” said Neil Katyal, a prominent lawyer who leads the Supreme Court and the appeal at Milbank in Washington, DC, and represents Hello Alice, luck. In fact, many of these questions were not zero in procedural cases. (The court asked, for example, what about the conditions and rulings of Hello Alice prevented AFL from applying for the grant.) “It is clear that they read everything and asked the correct questions exactly. We look very much to the court’s solution to this case.”
Such issues can help the defendants in the cases before the two sides deal with greater questions, including: Was the Federal Contract Law on the concerned to help address reverse discrimination? (For the record, you argue Hello Alic Submit political donations? (The eleventh department court to reject This argument is in a separate case, but the matter did not reach the Supreme Court.)
The result of the Hello Alice case may also indicate companies that they do not need to recover programs proactively for marginalized groups out of fear.
AFL did not immediately respond to a request for comment. luck I tried to reach Freedom Truck Dispatch, but I found a phone number for the company was out of service.
Batch
Since Hello Alice came out of the ground a decade ago, Gore says, the company has served 1.6 million small companies, which helped them secure loans and benefit from a wealth of information and resources. “We have all the financial planning programs they need to build their business plans,” explains Gore.
The founders also spend part of their time calling for small business owners and collecting money for charitable grants. So far, Hello Alice has released $ 60 million of small grants across the United States, according to Jur. “It was part of our commitment from the first day to ensure that the small companies that have a type of barrier in front of the entry, which we dig and ensure that it is part of the platform,” she says. The company helped the old warriors, for example, women who were in the care economy, and both groups of people who may not have the credit date needed to launch a company.
The company faces the movement that recently gained momentum. Conservative activists who confirm that the diversity of companies, fairness, and efforts made by the inclusion are a form of reverse discrimination have been encouraged with the support of the judicial system and the White House. In 2023, the Supreme Court Resolution in Student issue for just admission (SFFA) The prohibited colleges of thinking about race as part of their admission process, a transformation of sending companies hanging to know the meaning of the new law in the private sector. Separately, President Trump Executive orders issued This year, he banned certain types of Dei in federal contracts and warned that his administration would be investigated in private sector companies that have discovered it were. Most of the “terrible” perpetrators From D.
Whether the Hello Alice case will answer more questions about Dei’s legitimacy, it still should be seen. “Initially, this issue presented the big question: Could the positive procedure be allowed to prepare companies?” Katyal explained. “But the trial court said that the prosecutors were not even able to ask this question. They were not allowed to do so because they did not meet the legal requirements to be able to file a case in the Federal Court.” Now, Katyal says, the question before the sixth circle is, “Can anyone try and complain about a program to give grants to minorities -owned companies when they cannot even claim that they will get grant anyway?”

From the hello alice
Since the legal battle was played with hello Alice, Gore found support from friends and clients across the political spectrum. She said: “We are based in Houston, Texas, (there is a large amount) of people who think it will be against us, and they were not,” adding, “Think about the companies of the traditional egg motorcycle and companies transport companies.”
Gore says that the business owners who discussed the issue with her – whether they are defined as a Republican or democratic – do not believe that the government should tell companies about how to publish their money. This is what its legal team also believes: companies have freedom to operate or reject positive work programs such as granting black companies. Whether these Dei initiatives are good for the company, or what it justifies morally, or, as AFL allegations, racism, should be discussed in the hall of the Board of Directors and not in a federal court. There is nothing illegal by nature on a private company that provides a grant for the number of minorities.
Play a crime
Recently, many companies have declined to the DEI software for regiment only to avoid the costs of the assigned headache that hello Alice faced. Kenji Yoshino, a professor of constitutional law at the New York University Faculty of Law and Director of the Melzer Center for Diversity, Inclusion and belonging, believes that this is the right approach to our age.
Yoshino explains that his position was “hitting the drum to move from groups to content.” This means that companies manufacture programs such as fellowships that focus on diversity in the workplace available to anyone who wants to apply, without changing the final task of the fellowship. “This really allows the company to make an end to the SFFA decision,” he says.
At the same time, Ghor is giving to adhering to her program for black business owners and preparing to apply not only the technical argument in the lawsuit – it appears that the white male truck driver has no land to prosecute – but perhaps much more. In addition to questions about the original intention behind the 1981 section, or whether these grants are a contract, there is a more complicated question about the first amendment rights that did not reach the highest court in the country.
If an injustice or the owner of another work can obtain the law to say they are just Express their opinions “It will be the biggest victory ever,” says Yoshino, with Dei Grant.
Find lifting
Adherence to this lawsuit was not an easy decision. When it was first hit, Hello Alice was in the middle of the C series, and Silicon Valley BankThe second largest investor, It has just collapsed. Hello, Alice, I also had to reveal the lawsuit for other investors, “there was this fear factor about AFL,” says Gore. “So that the capital flew outside the door.” But there was a lot at stake. If AFL has proven that grants to minorities -owned companies have violated Article 1981, millions of dollars can be lost to American small companies. So far, the cost of the lawsuit has exceeded one million dollars.
On the night before the oral arguments of the sixth circle, I had dinner at a restaurant near the court in Cincinnati. It turned out that the restaurant, Frankie, was a hello alice agent. For Jour, it was a reminder of the importance of her work. In heavy times, she says, “You gave me me.”
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