Will diversity policy affect hiring of independent monitor in Boeing case? Federal judge wants to know
A Boeing 767 passenger aircraft of Delta arrives from Dublin at the JFK International Airport in New York on Feb. 7. (Photo by Charly Triballeau/AFP via Getty Images)
A federal judge considering a proposed plea agreement between Boeing and the U.S. Department of Justice wants to know how diversity, equity and inclusion policies will influence the selection of a monitor to assess compliance.
In an Oct. 15 order, U.S. District Judge Reed O’Connor of the Northern District of Texas ordered briefing on the issue, report Reuters and the Associated Press.
Reed wants to know “what role Boeing’s internal focus on DEI impacts its compliance and ethics obligations,” the order said.
He also wants the government to explain how its diversity policy “furthers compliance and ethics efforts” and how it will be used in selecting a monitor.
The AP described Reed as “a favorite of conservative lawyers looking for a court to hear their lawsuits against policies issued by Democratic presidents.” He is an appointee of former President George W. Bush.
The deal before O’Connor calls for Boeing to plead guilty to conspiracy to defraud the United States for misleading the Federal Aviation Administration about a new flight-control system. The technology allegedly played a role in plane crashes that killed 346 people.
The deal calls for Boeing to pay a $487.2 million fine, with credit for $243.6 million Boeing previously paid under a deferred prosecution agreement, according to a July government court filing. The deal also calls for Boeing to spend at least $455 million on compliance and safety programs over a three-year probationary period. The monitor would be chosen by the government with feedback from Boeing.
The AP spoke with John C. Coffee Jr., a professor at Columbia Law School, about Reed’s inquiry into DEI policies.
“I do not see this as a strategic move but as a detour motivated by the court’s skepticism of DEI,” Coffee said.
Hat tip to the Volokh Conspiracy, which linked to the order in a post by Paul Cassell, a professor at the University of Utah S.J. Quinney College of Law.
Cassell represents families of crash victims and thinks that the deal fails to hold Boeing accountable for the deaths.
