Dallas Mavericks minority team owner Mark Cuban had a rough day on X yesterday, getting into a debate over DEI (diversity, equity, and inclusion) in business and admitting he considered race and gender as part of the decision-making process for hiring in the past. That’s when an official with the U.S. Equal Employment Opportunity Commission (EEOC) stepped in and pointed out that based on the law, even using race and gender as a “motivating factor” is prohibited.
Cuban got caught up in a lengthy debate with the X social media personality, The Rabbit Hole, who requested the billionaire answer one question: “Have you hired people on the basis of demographics on the belief that doing so better positioned your companies to succeed?”
“I’ve never hired anyone based exclusively on race, gender, religion,” Cuban insisted. “I only ever hire the person that will put my business in the best position to succeed.”
“And yes, race and gender can be part of the equation,” he added in what amounts to a very significant ‘but…’ “I view diversity as a competitive advantage.”
Did Mark Cuban Step On A Legal Rake?
Cuban’s comments perked up the ears of one Andrea R. Lucas, the Commissioner of the EEOC, who pointed out that what he claims to have done is technically in violation of the very statute he was asked about.
“Unfortunately you’re dead wrong on black-letter Title VII law,” Lucas responded on X. “As a general rule, race/sex can’t even be a ‘motivating factor’ — nor a plus factor, tie-breaker, or tipping point.”
“It’s important employers understand the ground rules here.”
Lucas later added more helpful information for Mark Cuban, “In case you need a primer on the law.”
Unfortunately for Mark Cuban, while this may have been the most concerning thing that happened to him on X yesterday, it certainly wasn’t the most embarrassing.
The minority Mavericks owner in the NBA opened the floor to a Q&A with X users and got roped in by the Greg parody account.
“What are your thoughts on what Dee wrote about you last night?” Greg asked.
Cuban replied, “I don’t know who that is, Greg. But I’m proud of you for bringing it up.”
“It’s Deez Nuts,” Greg fired back.
Or maybe it’s ‘DEIz Nuts’.
Cuban later acknowledged the epic “fail” on his part in falling for the joke.
