Safety Or Politics? Judge Grills DOJ on How DEI Will Drive Choice Of Monitor For Boeing 737 MAX Plea Deal

U.S. District Judge Reed O’Connor has introduced a fresh twist to Boeing’s high-stakes plea deal with the Department of Justice, a resolution set to address the company’s role in two fatal 737 MAX crashes in 2018 and 2019. Central to the judge’s focus is a brief reference to diversity, equity, and inclusion in the DOJ’s plan to appoint an independent compliance monitor.

Under the agreement, Boeing pleads guilty to conspiring to mislead the Federal Aviation Administration about the MCAS flight control system implicated in the Lion Air and Ethiopian crashes. The deal includes three years of probation, a $487.2 million fine, and spending $455 million on safety and compliance reforms. It also mandates a monitor, appointed by the DOJ with Boeing’s input, to oversee Boeing’s compliance. O’Connor’s inquiry centers on the potential role of DEI principles in selecting this monitor.

Boeing’s plea deal is controversial.

  • The government says that what many consider to be a sweetheart deal, and whitewashing of the rights of 737 MAX victims, is the best they can do based on what they believe they can prove in court.
  • Critics say that politically-influential Boeing is viewed as too strategically important to be held accountable.

It is certainly an unusual plea deal known as a ‘C-plea’ that ties the hands of the judge in terms of sentencing, using a guidelines calculation based on not having caused any harm (contrary to a previous ruling by the judge that in killing 346 people this was the “deadliest corporate crime in U.S. history”).

Regarding the importance of Boeing, the plea deal notes that “the Boeing Company is a pillar of the American economy and a pillar of the national defense. The Boeing Company employs 170,000, approximately, people.”

One impediment to the deal, though, is the judge’s questioning of the role of DEI in monitoring Boeing compliance with the agreement, specifically how DEI principles will affect the monitor selection process and enhance compliance with U.S. fraud laws.

  • The plea requires selection of a monitor consistent DOJ commitment to diversity and inclusion.
  • The judge seeks information on “what role Boeing’s internal focus on DEI impacts its compliance and ethics obligations” and how the government’s diversity policy “furthers compliance and ethics efforts.”

As Judge O’Connor evaluates the DOJ’s and Boeing’s responses, he faces mounting pressure to decide whether the deal adequately addresses Boeing’s accountability and the interests of the victims’ families. If the plea deal proceeds, With the court’s deadline to provide information approaching today, the ruling here has significant implications for the role of DOJ DEI policy imposed as part of holding corporations accountable for their actions.

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

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Comments

  1. So the white guys who are basically responsible for this debacle get a free pass while we wring our hands over some hypothetical future non-white, non-guy who might be incompetent.

  2. Judge Reed is a Republican-appointed judge who is no fan of inclusive, diverse workplaces.

  3. That judge wouldn’t even be appointed if it weren’t for DEI. The Electoral College is DEI for rural people, which is how the person who appointed him got elected in the first place.

  4. @LAX Tom
    GFY with your overt racism based on your own failures, jealousy and inadequacy. Sounds like DEI is the only way you can get a job.

  5. This isn’t about “diverse, inclusive workplaces,” and this isn’t about the judge’s politics or the “pass” for the people who caused the debacle (no, they shouldn’t get a pass, but that’s a topic Turley actually addressed!). It’s about whether any factor other than expertise should go into the appointment of this person. Nobody responsible for making, maintaining, or flying these craft safely should be chosen for any other reason than capability.

  6. Uncle Jeff nailed it. DEI for the legacy majority demographic group is why there is so much opposition to DEI for minorities and historically underrepresented people in privileged positions of power and influence and opportunity for themselves and those whom they see as their own or their own tribe.

  7. **** and they want to keep privileged positions of power and influence and opportunity for themselves and those whom they see as their own or their own tribe.****

  8. And who made this case end up in a US federal district coust in Texas with a court and a judge notorious for being a reliable supporter of Republican policy efforts and a reliable opponent of Democratic policy efforts? Sounds like someone picked a court they considered to be politically friendly to themselves and knee-jerk hostile to political opponents.

  9. @GUWonder

    Don’t make your frustration about the way the Presidential election is slipping away from your type get you down…. Just the tip of the iceberg coming your way, you better pace yourself!

  10. Frustration? ROTFLOL

    Not at all, as I said before: I have been anticipating his winning this election for at least the last 3 years. And I am of the school of thought that people deserve the politicians they get in a democracy. I most certainly do think Tr*mp is a low-class sleaze-ball, but Tr*mp winning the White House for a second time would just signify that the country has lost its post-WW2 moral beacon in line with the cultural rot that arises from insecurity peddled by self-serving types in positions of power and influence.

  11. DEI initiatives are intended to prevent capable people from being overlooked for reasons that have nothing to do with how capable they are. They’re the antidote to a century of hiring incompetent people because of who they know and/or because they look the part.

  12. What does DEI have to do with 346 dead, mostly minorities? Or Boeing managerial grift and incompetency? This retarded judge is muddying the waters with this stupid DEI nonsense.

    I see an appeal coming no matter what the outcome is. Way to go.

    jesus Dumbassed mcchrist

  13. Greg H is right. GUW repeats his lunacy on this issue. LAX is right on what DEI should do, but obviously doesn’t realize it’s absolute failure.

  14. Maybe MAGA-enabler Dave W wants to explain who went venue shopping for this notorious US District Court and why they wanted to put this case in this notorious US District Court instead of a US District Court closer to Boeing HQ and/or DOT HQ.

  15. @Dave W. I suspect you’re right that it’s not having the intended effect. Breaking old habits is harder than it sounds. The “I” part of DEI is probably the successful part – helping employees who are outside “the norm” to feel welcomed and valued.

  16. DEI represents the view that members of certain “oppressed” groups, like racial minorities and women, should get preferential treatment. In blunt language, we should give jobs to incompetent people. Such as, the individual lobbying for your vote. She’s a twofer!

  17. DEI is a way for a certain people to legalize racism & sexism. Positions need to be filled, be it for a student in college, or a job with a company, based only ones merits & qualifications.

    The only reason someone needs to mark their race or gender on a form is to make sure that companies hire enough of them to make sure they are compliant with EEOC laws.

    I’ve even heard a pilot recruiter telling another “we can’t take anymore Midwest white boys… the boss says we need more color and women, so focus on them”. (I was AT the booth, btw – and there were maybe 4 or 5 women or BIPOCs there at the show)

  18. haolenate, It’s almost as if the women and BIPOC didn’t feel welcome at that show, and didn’t attend. Or maybe they didn’t see opportunities in that field growing up. Or maybe they didn’t grow up in a family that could afford to support their child going to fight school. But, unless people try to understand that, they still won’t come. I’ve never liked the emphasis on characteristics, and would rather level the playing field for people coming from low income or neighborhoods where no one made it out of the neighborhood. We don’t need to give advantages to rich otherwise diversity candidates, and poor white kids may need help. This help shouldn’t be in the form of bypassing qualifications, but help in knowing how to navigate systems that richer peers know how to operate in.

    But I don’t see how anyone can be against Inclusion. No one needs to listen to jokes in poor taste, or to be shunned because of who they are.

  19. Boeing doesn’t get punished for murder because most of the people it killed are Brown and Black people of Africa and Asia.

    Where’s the DEI in this?

  20. @GUW. I defy you to find a post of mine that is pro-MAGA or pro-Trump. None exist, as I despise that worm. What libertarian respects Trump (or Harris or Biden)? Not me. I do agree with you on some issues, but I fear you have a blind spot for the failure of DEI as practiced.

  21. DEI is dumb. The real problem is an even dumber legal system that decides that Boeing has caused no harm.

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