Cracker Barrel DEI Policies Face Discrimination Complaints From America First Legal

A prominent conservative legal advocacy group has initiated formal complaints against Cracker Barrel Old Country Store, alleging that the company’s diversity, equity, and inclusion (DEI) policies constitute discriminatory employment practices. America First Legal (AFL) recently filed these complaints with the Tennessee Attorney General and the Equal Opportunity Employment Commission (EEOC), contending that Cracker Barrel’s corporate practices are in violation of anti-discrimination laws.

• America First Legal (AFL) has filed formal complaints against Cracker Barrel Old Country Store.
• The complaints allege that Cracker Barrel’s DEI policies constitute discriminatory employment practices.
• These filings were made with the Tennessee Attorney General and the Equal Opportunity Employment Commission (EEOC).
• AFL contends that Cracker Barrel’s policies promote race- and gender-conscious hiring and development, violating anti-discrimination statutes.
• Specific initiatives cited include Business Resource Groups (BRGs) and the Diverse Employee Leadership Talent Advancement (DELTA) program.

Allegations of Discriminatory Employment Practices

AFL’s complaints assert that Cracker Barrel’s internal documents and public statements reveal frameworks that promote race- and gender-conscious hiring, leadership development, and promotion pipelines. These policies, according to AFL, confer benefits to employees based on protected characteristics, a practice the group argues is illegal under prevailing anti-discrimination statutes. The legal organization also highlighted Cracker Barrel’s rebranding of its dedicated DEI website to “Culture and Belonging,” arguing that this name change does not alter the underlying discriminatory nature of its policies, which allegedly continue to use “diversity” as a proxy for race or sex. This reinterpretation, AFL posits, is an attempt to obscure practices that favor certain demographic groups over others.

Spotlight on Specific DEI Initiatives

Among the specific programs cited by AFL are Cracker Barrel’s Business Resource Groups (BRGs), which are detailed in public Securities and Exchange Commission (SEC) filings and on the company’s website. AFL contends that these groups offer employment benefits exclusively to employees belonging to particular racial or gender categories. For instance, the “Be Bold” BRG is designed to “cultivate and develop Black Leaders,” while the HOLA BRG aims to promote “Hispanic and Latino culture through hiring, developing, and retaining talent.” Other BRGs reportedly focus on groups such as LGBT individuals, those with “neurodiversity,” and women’s issues, allegedly providing tailored opportunities and resources based on identity.

Further allegations point to the company’s stated focus on “attract[ing], develop[ing] and retain[ing] high performing talent with diverse backgrounds, experiences and perspectives,” a strategy outlined on its “Culture, Belonging and Inclusion” website. AFL also notes that Cracker Barrel’s internal reports categorize board members as “Diverse” or “Not-Diverse,” suggesting a quota-like approach to board composition. Public filings with the Securities and Exchange Commission further indicate that the nominating committee explicitly considers “diversity of age, gender, race, and ethnic background” when evaluating board membership candidates. The company’s Diverse Employee Leadership Talent Advancement (DELTA) program, designed to identify and position “diverse managers” for advancement, is also mentioned as evidence supporting the complaints, suggesting a structured approach to elevate individuals based on their demographic profiles.

Alleged Workforce Impact and Legal Framework

AFL argues that these policies have demonstrably influenced Cracker Barrel’s workforce demographics. The group claims that the representation of women and ethnic minorities among Cracker Barrel’s professional staff, store-level management, and hourly workers has each increased by at least 3% since fiscal year 2022, with the exception of female hourly staff, which remained constant. AFL’s complaint asserts that these policies overtly discriminate against heterosexual, white, and male employees, violating Tennessee’s Human Rights Act and Title VII of the 1964 Civil Rights Act. The complaint further references Supreme Court precedent, stating that Title VII does not impose a heightened standard on majority-group plaintiffs and that policies aiming for racial balancing are prohibited, regardless of intent, reinforcing the argument that any form of racial preference is unlawful.

Calls for Investigation and Company Response

In its formal complaints, America First Legal has called for comprehensive investigations by both Cracker Barrel and the EEOC. These requested probes include a review of internal communications and an inquiry into whether the company utilized contractors with “reckless disregard” for civil rights laws. AFL is also seeking the enforcement of state and federal laws to compel Cracker Barrel to cease its allegedly discriminatory DEI practices. Cracker Barrel did not provide a comment regarding these allegations by the time of publication, leaving the claims unchallenged in the immediate aftermath of the filings.