A Manhattan federal judge has dismissed a lawsuit by a white electrician, James Harker, accusing Meta Platforms of facilitating racial bias. Harker alleged that Meta tapped a production company, Something Ideal, which participated in a diversity hiring program, to film a commercial, thereby discriminating against him. U.S. District Judge Laura Taylor Swain, in her written decision on Thursday, ruled that Harker lacked legal standing to sue.
Harker, who has worked in film production for nearly three decades, claimed that Something Ideal hired him as a “best boy” to manage equipment for a commercial shoot in 2022. He argued that the company employed nine people through an apprenticeship program for racial minorities, including a gaffer or lead electrician who earned more than him despite having less experience. However, Judge Swain noted that Harker never applied for the gaffer role and did not indicate any interest in it.
“Mr. Harker does not allege any facts suggesting that he communicated his desire to work as a gaffer or that Something Ideal could have known he was interested in the position,” Swain wrote. She further pointed out that Harker was ineligible to participate in the hiring program, which was designed for individuals with little or no experience.
America First Legal (AFL), a conservative group founded by former Trump administration officials, represented Harker. The group has not yet responded to requests for comment, nor have Meta, Something Ideal, advertising firm BBDO, or the Association of Independent Commercial Producers, which sponsored the diversity program.
In 2023, Harker’s lawsuit accused the defendants of violating Civil War-era laws that prohibit race discrimination in contracts and conspiracies to interfere with civil rights, along with a New York anti-discrimination law. AFL, which has filed numerous similar lawsuits, threatened to sue Meta earlier this year over the brief suspension of its Instagram account. The suspension, according to AFL, violated Instagram’s terms of use and was triggered by the group’s criticism of the Biden administration.
AFL has filed about two dozen complaints with the Equal Employment Opportunity Commission, accusing major companies of discrimination through their diversity programs. The group has also initiated several lawsuits on behalf of individuals like Harker. Courts have dismissed lawsuits against Progressive Insurance, The North Face, Texas A&M University, and a company partnering with Progressive to provide grants to Black entrepreneurs. AFL is appealing those rulings, most of which were dismissed for lack of standing or other technical issues rather than on the merits of the cases. Pending lawsuits against companies such as IBM, Expedia, and Ally Financial await resolution, with the companies denying any wrongdoing.
Earlier this month, a California federal judge refused to dismiss AFL’s lawsuit claiming CBS denied a white screenwriter a staff position on the show “SEAL Team.” The judge did not explain his ruling, which rejected CBS’s claims that its ability to choose writers from specific backgrounds is protected by the First Amendment.
The case is Harker v. Meta Platforms, U.S. District Court for the Southern District of New York, No. 1:23-cv-07865.
