Mark Cuban’s Clash With EEOC Official Shows Bias Proof Confusion

An EEOC commissioner’s social media rebuke of billionaire businessman Mark Cuban for his praise of diversity, equity, and inclusion practices sheds light on growing confusion between the standards for determining whether illegal discrimination factored into employment decisions.

Andrea Lucas, a Republican commissioner on the US Equal Employment Opportunity Commission, recently posted on X, formerly known as Twitter, that race or sex simply can’t “be part of the equation.”

Lucas highlighted two ways of proving causation under Title VII of the 1964 Civil Rights Act: “but for” causation and “motivating factor.” The former requires plaintiffs to show that a protected ...