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Yet Another Lawsuit Against IBM for Racial Discrimination
It's not the first. And it probably won't be the last.
August 21, 2024
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The fallout from the IBM / Red Hat Leaks continues -- with yet another lawsuit filed against IBM, by a former employee, alleging racial discrimination.

In this latest lawsuit, Randall Dill (a former IBM employee), says that the company fired him... because he is a White man.  This follows another, similar lawsuit filed against Red Hat (an IBM subsidiary) back in May... and the State of Missouri filing a lawsuit against IBM in June.  Both of which focused on racial discrimination based on both leaks and public statements from IBM.

 

 

Considering the vast quantity of evidence (including videos of both the IBM and Red Hat CEOs, public statements, leaked presentations, and other documents) -- all of which makes it very clear that IBM knowingly (and purposefully) has been breaking the law by racially discriminating against employees -- it is not surprising that we are seeing a steady stream of lawsuits against the company.

From the Dill v. IBM lawsuit:

 

1. This is a lawsuit to remedy unlawful employment conduct, namely discrimination based on race and sex. As alleged further herein, Mr. Dill was a model employee at IBM Consulting, most recently having completed a four-year assignment at the Department of Defense, where he received outstanding performance reviews. Then, in July 2023, out of the blue, IBM placed Mr. Dill on a pretextual, vague, and unmeasurable Performance Improvement Plan, offered him no support, and terminated him in October. At the same time, corporate leadership was under pressure from the CEO and financially incentivized to hire people based on their skin color and sex. Mr. Dill, not being in the current preferred demographic, was terminated so IBM could pursue its illegal racial quotas. 

 

2. Title VII Civil Rights Act of 1964 prohibits employment discrimination on the basis of race or sex in the United States.

 

3. Defendant International Business Machines Corporation (“IBM”) engages in intentional discrimination based on race and sex through the guise of “Diversity & Inclusion,” and it pushes its business divisions and subsidiaries, including IBM Consulting, to do the same.

 

4. As part of its Diversity & Inclusion program, IBM reports demographic statistics regarding its employees in its Annual Reports to investors, its annual ESG Reports, and its Form 10-Ks filed with the United States Securities and Exchange Commission (through incorporation by reference).

 

5. IBM incentivizes its executives to engage in impermissible race and sex discrimination by having “executive compensation metrics that include a diversity modifier to reinforce our focus and continued accountability for improving the diverse representation of our workforce.” Int’l Bus. Mach. Corp., 2022 Annual Report 16 (2023) (available at https://perma.cc/5PX2-9L2W). In other words, IBM conditions executive compensation on how much the company discriminates in hiring.

 

6. In this case, IBM engaged in sex- and race-based employment discrimination against Mr. Dill in violation of the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964.

 

7. Mr. Dill brings this action to vindicate his rights under these statutes and obtain legal and equitable redress for IBM’s unlawful discrimination

 

Regardless of what you or I think about "DEI" related employment policies, there's no denying the negative impact these policies are having on IBM (and Red Hat).  Legal (and financial) ramifications, bad press, employee morale... all are impacted because of IBM's choice to discriminate against their employees based on ethnicity and gender.

 


 

Do you work for a Tech firm?  Have you witnessed something that the public should know about?  Want to become a whistleblower... but don't know where to start (or how to keep your identity a secret from your employer)?  The Lunduke Journal has a "How to become an anonymous whistleblower" guide -- and we always protect the identities of all of our confidential sources.

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The Unpublished Anti-Lunduke Hit-Piece
A Tech Journalist interviewed me for a hit-piece article. But the questions made them look bad, and they shelved the story. So I'm publishing their hit-piece for them.

Back in September, shortly after the assassination of Charlie Kirk, I was contacted by a Tech Journalist writing for FossForce.com (a smaller, Open Source focused publication) who was working on an article around Open Source, Antifa, and the Lunduke Journal’s coverage of those topics.

This particular outlet had, several months prior, run an “anti-Lunduke” hit piece without first reaching out for comment — which resulted in their most popular article (at least on social media) in quite some time.

With that in mind, it seemed reasonable that they’d want to repeat that success with another “anti-Lunduke” story.

This time they were doing the responsible thing. They reached out to the subject of the hit-piece article with questions. I like encouraging Tech Journalists when they do actual journalism, so I answered each and every query with easy-to-quote responses.

But, it would appear that the answers they received were not conducive to creating the hit-piece they were hoping for — my guess is they realized their questions made them look like the villain in the story. The villain they, clearly, hoped to portray me as.

They opted to not publish the piece.

So I’m publishing their hit-piece for them.

Below is every question — and every answer (with no edits) — which I was asked, on September 19th, by a Tech Journalist by the name of Christine Hall, writing for FossForce.

Fair warning: This is very, very politically charged.

Enjoy.


September 19th

Hall:

The last time I mentioned you in an article, you castigated me for not reaching out to you beforehand. Well, I’m reaching out now. We’ll see what comes of this.

You do recognize that the vast majority of organizations using the term antifa as a descriptor are not in the least bit terrorist and pose no threat to society -- and indeed, the only threats they might pose to fascist groups are not physical or life-harming?

Lunduke:

Hello Christine! Nice to hear from you!

Many, if not most, of those proclaiming support for Antifa (within Open Source) have also made statements encouraging or supporting violence and discrimination.

Regardless of that fact -- which I have documented extensively in Lunduke Journal coverage -- when violent acts are committed (such as murder, riots, and lynchings) in the name of “Antifa”, to turn around and immediately declare yourself to be “Antifa” is a clear declaration of support of that violence.

Hall:

And why did you feel it necessary to call out Danielle Foré’s [the founder of the elementary OS Linux Distribution] trans status in such an ugly manner?

Lunduke:

There is a noteworthy overlap between “Trans activism” and support for political violence -- including in the recent murder of Charlie Kirk (the murderer’s boyfriend was “Trans”).

In the case of Daniel Fore, he, a leader of an Open Source project, regularly calls for discrimination (and violence) against people he disagrees with -- often in conjunction with his self-declaration as “Trans”.

Thus, his declaration of being “Trans” becomes a part of the overall story.

It is worth noting here that The Lunduke Journal has never -- and would never -- call for discrimination or violence against someone because of how they identify or who they may (or may not) vote for.

This is in stark contrast those, such as Mr. Fore, who consider themselves “Trans” or “Antifa” -- who actively advocate for both discrimination and violence.

Hall:

Mentioning a person’s trans status in ways that are pertinent to your argument necessates rudeness such as calling her a “dude who likes to wear dresses”?

Lunduke:

Dan Fore is, in fact, a dude who likes to wear dresses.

The only reason to view that as a negative is if you view dudes wearing dresses as a negative.

Hall:

I’ll quote you on that, which I’m pretty sure won’t bother you in the least.

Lunduke:

Absolutely! Quote anything I say here. In fact, I suggest quoting absolutely everything I’ve written to you here, today.

Hall:

You also understand, don’t you, that voicing disagreement with an assessment made by POTUS is not only legal but a healthy part of the national dialog.

Lunduke:

Absolutely! Did I say somewhere that it was illegal to disagree with a politician? It seems unlikely that I have ever said that.

Hall:

Also, how would you reply to this:

There have been very few murders linked to individuals associated with Antifa, some incidents of rioting attributed to Antifa supporters, and no credible evidence of lynchings conducted in the name of Antifa. Compared to far-right groups, violence attributed to Antifa is much less frequent and lethal, with only one suspected kill—Aaron Danielson in Portland, by an anti-fascist activist—officially confirmed in recent U.S. history.

Lunduke:

Murder is bad. I am opposed to all murder.

In the context of these discussions, bearing in mind the Kirk murder is important (as many statements were made in response to it). The murderer of Kirk appears to have been pro-Trans and pro-Antifa (based on all available information).

Hall:

Is there any evidence that the suspect was part of an antifa group? I haven’t seen any.

Lunduke:

I have seen some reporting to this effect (including statements from family and messages he wrote).

But, far more important to this story, is the response to the murder among Antifa supporters (including those within Open Source). A large portion of Antifa supporters have celebrated the murder as justified because it killed someone they considered to be a “fascist”.

Hall:

Also, no group should be held responsible for what some deranged person who identifies with the group has done.

Lunduke:

I agree that a broader group should not be held responsible for the actions of a small number of individuals.

However, and this is critically important, it is entirely appropriate to hold people responsible for their own statements and actions.

With that in mind: The overall messaging of Antifa (and Antifa supporters) tends heavily towards violence. Punching, killing, molotov cocktails, etc. are all common messaging used by Antifa (including by those I quote within the Open Source world -- many of whom have advocated violence against myself).

Advocating for violence, then celebrating when violence is committed, are not good things.

Yet we see a great deal of that among Open Source supporters of Antifa.

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Sale ends in a few hours, Lifetime Subs set up.

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To everyone who grabbed a Lifetime Subscription over the last few days: All of you are set to full Lifetime access. You should have a confirmation email in your inbox. If not, email me and I’ll make sure you’re setup properly.

That “50% off” sale ends tonight at midnight. So you have a few hours to snag a discounted subscription, if you haven’t already.

A huge thank you to everyone who supports this work. Couldn’t do it without you.

-Lunduke

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The “50% off every kind of Subscription to The Lunduke Journal” sale has been extended through Monday (October 13th).

So. You know. Grab one at 50% off between now and end of the day on Monday.

To all of you amazing nerds who have picked up a Lifetime Subscription already this weekend: You are awesome. You’ll be receiving a confirmation email, with all of the Lifetime Subscription details, by tomorrow (if you haven’t already).

Oh, and remember how we hit 11 Million views last month? Yeah. We’re well on our way to blowing past those numbers in October.

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See you all on Monday!

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