Billionaire Mark Cuban was corrected about the consideration of race and sex in hiring by the commissioner of the Equal Employment Opportunity Commission (EEOC) on Monday.

Cuban stated in a Sunday tweet that he has “never hired anyone based exclusively on race, gender, religion,” but that “race and gender can be part of the equation.” Andrea Lucas, commissioner of the EEOC, responded that any employment decisions based on race or sex would violate the Civil Rights Act of 1964. (RELATED: Elite University Donor Pledges To Pull Funding, Calls On President To Resign Over Diversity, Equity And Inclusion)

“Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a ‘motivating factor’—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here,” Lucas tweeted.

@mcuban, EEOC Commissioner here. Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here.

— Andrea R. Lucas (@andrealucasEEOC) January 29, 2024

Republican attorneys general sent letters in July 2023 to dozens of employers warning against violating the law by using racial preferences and quotas in their hiring practices. Several conservative legal organizations have also filed lawsuits regarding corporate diversity policies following the Supreme Court’s ruling against race-based college admission in June.

Companies including BlackRock and JPMorgan Chase backed away from several diversity initiatives in 2023.

Cuban and Lucas did not immediately respond to the Daily Caller News Foundation’s request for comment.

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