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A subsidy program for black women business owners is discriminatory, an appeals court has ruled

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NEW YORK (AP) – A U.S. federal appeals court panel has suspended a enterprise capital firm’s grant program for Black women business owners, ruling that a conservative group is prone to prevail in its lawsuit arguing that the program is discriminatory.

The ruling against the Atlanta-based Fearless Fund is one other victory for conservative groups waging a large-scale legal battle against corporate diversity programs that focus on dozens of firms and government institutions.

The case against the Fearless Fund was brought last yr by the American Alliance for Equal Rights, a gaggle led by Edward Blum, the conservative activist behind the Supreme Court case that ended affirmative motion in college admissions.

Blum praised the ruling, saying that “programs that exclude certain people based on race, such as those designed and implemented by the Fearless Fund, are unfair and polarizing.”

Fearless Fund CEO and founder Arian Simone said the ruling was “devastating” for the organizations and women through which he invested.

“The message these justices sent today is that diversity should not exist in corporate America, in education, or anywhere else,” she said in an announcement. “These judges bought what a small group of white men were selling.”

Alphonso David, general counsel of Fearless Fund, who serves as president and CEO of The Global Black Economic Forum, said all options are being considered to proceed fighting the lawsuit.

Legal efforts to dismantle workplace diversity programs have also suffered some setbacks, reflecting polarized opinions amongst liberal and conservative justices on the problem. Last week, for example, a federal district judge in Ohio dismissed a lawsuit against insurance company Progressive and fintech platform Hello Alice, difficult a program that offered grants to assist Black-owned small businesses purchase industrial vehicles. Similar lawsuits have been dismissed against Amazon, Pfizer and Starbucks.

The case against Fearless Fund has been closely watched by civil rights groups, philanthropic groups, employment lawyers and the enterprise capital industry as a guide to how courts view programs geared toward equalizing opportunities for racial minorities and other groups which have historically faced discrimination. in enterprises and workplaces.

In a 2-1 ruling, a panel of the U.S. Court of Appeals for the eleventh Circuit in Miami said Blum was prone to prevail in her lawsuit, claiming the scholarship program violated Section 1981 of the Civil Rights Act of 1866, which prohibits sex discrimination. . the premise of race in enforcing contracts. Reconstruction-era laws were originally intended to guard formally enslaved people from economic exclusion, but anti-affirmative motion activists are using them to challenge programs designed to profit minority-owned businesses.

The court ordered the Fearless Fund to suspend its Strivers grant competition, which provides $20,000 to firms majority-owned by Black women, for the rest of the lawsuit pending in federal court in Atlanta. The ruling overturned a federal judge’s ruling last yr that the competition should proceed because Blum’s lawsuit would likely fail. However, the grant competition was suspended in October after a separate panel of a federal appeals court quickly granted Blum’s request for an emergency injunction while he was difficult the federal judge’s original order.

The appeals court panel, consisting of two judges appointed by former President Donald Trump and one appointed by former President Barack Obama, rejected Fearless Fund’s arguments that the grants weren’t contracts but charitable donations protected by First Amendment rights to free speech.

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“The fact remains, however, that Fearless simply — and categorically — refuses to consider applications from business owners who are not ‘black women,’” the court’s majority opinion said, adding that “any act of racial discrimination” could be considered expressive conduct, in response to the argument Fearless Fund.

The appeals board also rejected the Fearless Fund’s claim that Blum lacked standing since the lawsuit was filed on behalf of three anonymous women who had not demonstrated that they were “ready and able” to use for the grant or that that they had been harmed by the inappropriate motion. is to do it.

Judge Robin Rosenbaum, an Obama appointee, disagreed, expressing a fierce dissent, likening the plaintiffs’ claims of harm to football players attempting to win by “flapping on the field, faking injuries.” Rosenbaum found that neither plaintiff had demonstrated that that they had an actual intention to use for the grants in the shape of what she called “cookie-cutter declarations” that were “trivial and devoid of substance.”

The court’s ruling was not surprising given its conservative bias and former skepticism of the Fearless Fund’s arguments, said David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion and Belonging on the New York University School of Law.

“We will see some pro-DEI results in liberal circles and anti-DEI results in conservative circles,” Glasgow said.

Glasgow said he expected one in all the lawsuits to go to the conservative-dominated Supreme Court. Still, he said it is unlikely that a single ruling could resolve the legal debate surrounding corporate DEI due to complexity and wide-ranging programs and policies that fall under this category.

The Strivers Grant Fund is one in all several programs run by the founding division of the Fearless Fund, which was created to handle the wide racial disparities in funding for businesses run by women of color. According to the nonprofit group digitalundivided, lower than 1% of enterprise capital funding goes to firms owned by Black and Latina women.

The National Venture Capital Association, an industry group with a whole lot of member VC firms, has filed an amicus temporary defending the Fearless Fund grant program as a “modest but important” step toward ensuring equal opportunity in an industry that has historically excluded Black women.

In 2022, only 2% of investment professionals at enterprise capital firms were Black women, in response to a biennial study by Deloitte and Venture Forward, the nonprofit National Venture Capital Association and consulting firm Deloitte. The study, which included 315 firms with 5,700 employees and $594.5 billion in assets under management, found that just 1% of investment partners were Black women.

However, in his statement, Blum said that “our nation’s civil rights do not allow for racial disparities because some groups are overrepresented in various endeavors, while others are underrepresented.”

Philanthropic groups are also watching the case due to its possible implications for charitable giving.

“If legal decisions limit people’s ability to give back in ways that are consistent with their values ​​or experiences, it will harm not only philanthropy and nonprofits, but our entire country,” said Kathleen Enright, president and CEO of the Council on Foundations. whose organizations have filed a friendly temporary in support of the Fearless Fund with the Independent Sector nonprofit.

This article was originally published on : thegrio.com
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Business and Finance

Gary Payton Launches Greater Purpose Cannabis Brand

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Gary Payton, Green Label Rx


Former NBA star Gary Payton recently partnered with Green Label Rx to launch Greater Purpose, a cannabis-infused wellness brand with recovery support for athletes and professionals.

The product will debut on September 20 at Hall of Flowers, a cannabis industry trade show in Santa Rosa, California. The former legendary Seattle Supersonic guard has teamed up with Green Label Rx founder Jason McKnight to bring the product to the world.

“Having maintained peak physical fitness throughout my career, it became important to me to share the benefits of cannabis recovery and offer the highest quality wellness products to those with an active lifestyle,” Gary Payton said in a written statement.

Greater Purpose bills itself as the primary brand of its kind to mix the worlds of recovery and cannabis. The topical product line will help alleviate chronic muscle pain, because it has been developed to harness the healing properties of cannabis and is designed to assist those with an lively lifestyle.

During the Hall of Flowers festival, people will have the opportunity to experience Greater Purpose, receive exclusive prizes, watch live product demos and meet Payton on the event.

“Greater Purpose is more than just a product line – it’s a movement to change the way we think about recovery and self-care,” said Jason McKnight.

It was recently revealed that Payton, who has been coaching basketball for several years, was announced as the brand new head coach of the College of Alameda men’s basketball team. He will lead the team after serving as head coach at Lincoln University in Oakland, California for the past three seasons.

Payton has coached within the Big3 Ice Cube league since its inception in 2017. He led his team to a title last season and was named Big3 Coach of the Year.

In 2006, he won the NBA championship with the Miami Heat. The 56-year-old played within the NBA for 17 seasons with the Seattle SuperSonics, Miami Heat, Milwaukee Bucks, Los Angeles Lakers and Boston Celtics. In the 1995-96 season, he was named the NBA Defensive Player of the Year, becoming the primary point guard to win the award.


This article was originally published on : www.blackenterprise.com
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2nd Annual Franchise Game Symposium in Plano, Texas Breaks New Ground

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Tarji Carter - The Franchise Game Founder / Event Organizer


Franchise gameThe first and only African American Franchise Symposium and Trade Show in the U.S., held its second annual event on August 16, 2024 in Plano, Texas. The event, which was spearheaded by The Franchise Player, Tarji Carter, marketing expert Dessie Brown Jr., and brand consultant Daylon Goff, was held on the Yum! Restaurants International Corporate Campus. The symposium brought together industry experts and leaders to debate the secrets to success, challenges, and opportunities in franchising.

(Photo credit: Donnie R. Word II)

This yr’s theme, “Own Your Future: Franchising as a Path to True Independence,” was the focus throughout the day. There were many notable highlights, but in keeping with Tarja Carter, “One of the most memorable moments at The Franchise Game 2024 was an incredible fireside chat with our esteemed guest, Roland Parrish, and the incredible Lady Jade. Roland’s story of how he used his success to revitalize a struggling community in Dallas through his foundation is truly inspiring. And his sponsorship of Charlie Pride’s internship with the Texas Rangers Baseball Club shows just how deep his commitment runs. But what really stole the show were the priceless gems he dropped, encouraging everyone to lead with integrity, not greed. His words hit home in a powerful way and left the audience feeling inspired, motivated, and ready to make a difference.”

James Fripp, Chief Equity, Inclusion & Belonging Officer at Yum! Brands made a big impact at this yr’s Franchise Game by offering two scholarships to the Yum! Franchising Bootcamp through the Executive Education Program on the University of Louisville! This opportunity is an actual game-changer for 2 lucky participants who will now have the prospect to delve into the world of franchising and gain invaluable knowledge to advance in their entrepreneurial journey. What a unbelievable gesture of support and empowerment from James and Yum! Brands!

This yr, there have been twice as many exhibitors, including Ben & Jerry’s, American Franchise Academy, Nebo Law Firm, Dine Brands (IHOP, Applebee’s and Fuzzy’s Taco Shop), GoTo Foods (Cinnabon, Carvel, Schlotzsky’s, Moe’s Southwest Grill, Jamba Juice, McAlister’s Deli and Auntie Anne’s), Smoothie King, Potbelly Sandwiches, KFC, European Wax Center, Inspire Brands (Dunkin’, Baskin Robbins, Arby’s, Buffalo Wild Wings, Jimmy Johns and Sonic Drive-In), EATS Broker (restaurant brokerage), ATenantCo (business real estate), Orchatect (IT infrastructure solutions) and Chick N Max.

I had the pleasure of participating in the symposium and trade fair, representing Ben & Jerry’s and reporting on the event BLACK ENTREPRENEURSHIP readers. In my role as a franchise development consultant for the brand, I shared with The Franchise Game participants details about Ben & Jerry’s industry-leading racial equity incentive program, which offers a big reduction in franchise fees and waives licensing fees for BIPOC candidates interested in ownership. “It’s definitely one of the most, if not the most aggressive incentive programs in the game,” Carter said. “We were also very grateful to partner with Ben & Jerry’s, who generously donated ten tickets for students at the University of North Texas at Frisco to participate in The Franchise Game and experience the world of franchising firsthand. It’s all about creating opportunity and access, and we’re so grateful for Ben & Jerry’s commitment to making a real difference!”

After the massive success of The Franchise Game 2024, planning is already underway for 2025. Carter said, “2024 was an absolute blast! We’ve doubled in size, with a bigger, better, and bolder program that sets the stage for something truly special. Our partnership with Yum! Brands has been phenomenal, and I’m excited to announce that we’re returning to their Plano Corporate Campus for The Franchise Game 2025 — and trust me, it’s going to be EPIC! We’re already gearing up for next year, ready to welcome more Texas entrepreneurs and give them the tools, connections, and inspiration they need to succeed as franchise owners. I can’t wait to see everyone there!”

To learn more about The Franchise Player and events, go to pl.franchiseplayer.com.


This article was originally published on : www.blackenterprise.com
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Workplace well-being declines as workers return to offices

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WORKPLACE, Bullying, return to office


As more workers are forced to return to the office and work remotely, research shows that workplace well-being is on the decline. The numbers are even lower for Black workers.

A brand new report from the Human Capital Development Lab at Johns Hopkins Carey Business School in partnership with Great Place to Work reveals that workplace well-being peaked in 2020. But the annual survey of greater than 1.5 million people at greater than 2,500 corporations measured the “climate of well-being” and found According to reports, this number has been systematically decreasing since 2020.

The decline varied by industry and a few demographics. Healthcare and retail/hospitality corporations had the bottom scores, while black, women and younger workers scored lower on well-being than white, men and older workers. Southern workers scored higher on well-being than their counterparts.

“The COVID pandemic has heightened employers’ awareness of the importance of wellness, and many top organizations have been working to create a positive work climate,” said Michelle Barton, Ph.D., assistant professor at Carey and co-author of the report. “The challenge now will be to integrate these practices into everyday work life, rather than simply as a response to the crisis.”

The researchers used five criteria to measure each company’s “climate of well-being”: financial health, meaningful connections, mental and emotional support, personal support, and a way of purpose. Employers who put money into their employees’ well-being, each financial and emotional, scored higher.

Male workers consistently reported higher workplace well-being scores than female workers, reflecting a gender pay gap that widened in 2023 for the primary time since 2020. Meanwhile, Black workers had the worst well-being between 2021 and 2023 compared with white workers, who ranked first, and Asian workers, who were the one group whose well-being matched or exceeded that of white workers over the five-year period.

Black women had the worst overall well-being compared to Asian men, who had the best well-being scores and the biggest gap compared to women.

“These significant differences underscore the continued need for organizations to address issues of equity, inclusion and belonging for all employees,” the report said.

The report found a transparent positive correlation between flexible working and improved worker well-being. Companies where 75% or more of their employees could work remotely part-time had the best well-being scores, while those where lower than 25% of employees had distant work options had the bottom scores.

“For employees, flexibility provides the means to effectively manage work-life balance while meeting personal and family needs, such as childcare and eldercare,” the report says. “For employers, it can support higher levels of employee engagement and productivity, while also fostering an atmosphere of well-being.”


This article was originally published on : www.blackenterprise.com
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