U.S. Appeals Court Upholds Dismissal of Lawsuit Against Pfizer’s Diversity Program

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In a recent ruling, the 2nd U.S. Circuit Court of Appeals in New York upheld the dismissal of a lawsuit brought by the conservative group Do No Harm against Pfizer. The lawsuit contested Pfizer’s Breakthrough Fellowship Program, designed to enhance diversity in leadership roles by promoting participation from Black, Latino, and Native American individuals.

Background

The Virginia-based non-profit organization, Do No Harm, initiated legal action against Pfizer in 2022, alleging discrimination against white and Asian-American applicants in the fellowship program. The group, comprising doctors, medical students, and others, aims to safeguard healthcare from what it perceives as radical and discriminatory ideologies.

Court Ruling

The appeals court determined that Do No Harm lacked standing to challenge Pfizer’s program as it failed to identify any specific member who was adversely affected by the alleged discrimination. The court emphasized that Do No Harm did not disclose the identities of the individuals purportedly harmed, undermining its claim of standing. Consequently, the lawsuit against Pfizer was dismissed.

  

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Pfizer’s Response

In response to the ruling, Pfizer expressed satisfaction, asserting its commitment to being an equal-opportunity employer dedicated to diversity, equity, and inclusion. The pharmaceutical giant modified the program’s criteria during the legal proceedings, allowing broader eligibility for applicants.

Legal Implications

The lawsuit against Pfizer cited violations of civil rights laws, including Section 1981 of the Civil Rights Act of 1866 and Title VI of the Civil Rights Act of 1964. While the court’s decision focused on this specific case, it reflects broader legal debates surrounding affirmative action and diversity initiatives, particularly in light of recent Supreme Court rulings on race-conscious academic admissions policies.

Judicial Commentary

U.S. Circuit Judge Beth Robinson, appointed by President Joe Biden, underscored the importance of establishing standing in legal challenges, noting the failure of Do No Harm to substantiate its claims adequately. However, U.S. Circuit Judge Richard Wesley, appointed by former President George W. Bush, expressed reservations about the ruling’s potential impact on the ability of organizations to pursue legal action without divulging member identities.

In conclusion, while the dismissal of the lawsuit represents a legal victory for Pfizer, it also underscores the complexities surrounding diversity initiatives and the legal standards for challenging them.

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