March 6 (Reuters) - A U.S. appeals court on Wednesday
upheld the dismissal of a lawsuit by a conservative group
opposed to diversity initiatives in medicine that challenged a
Pfizer ( PFE ) fellowship program designed to boost the pipeline
of Black, Latino and Native American people leadership positions
at the drugmaker.
The New York-based 2nd U.S. Circuit Court of Appeals ruled
that the Virginia-based non-profit organization Do No Harm
lacked standing to challenge the drugmaker's program, saying "it
did not identify by name a single member injured by Pfizer's ( PFE )
alleged discrimination."
Pfizer ( PFE ) in a statement welcomed the ruling, saying it was an
"equal opportunity employer and is proud of its commitment to
diversity, equity and inclusion."
Do No Harm did not immediately respond to requests for
comment. The group said it counts doctors, medical students and
others as members and aims "to protect healthcare from radical,
divisive and discriminatory ideologies."
It sued Pfizer ( PFE ) in 2022 over the company's Breakthrough
Fellowship Program, which aimed to increase the pipeline of
Black, Latino and Native American leaders, arguing it
discriminated against white and Asian-American applicants.
Pfizer ( PFE ) altered the program's criteria while the case was
pending and now anyone can apply.
The lawsuit was filed a month before the U.S. Supreme Court
heard arguments in cases in which its conservative majority
would later in June 2023 declare unlawful race-conscious college
admissions policies used by Harvard University and the
University of North Carolina.
That decision, while focused on college admissions, has
prompted a wave of lawsuits challenging diversity programs at
companies, some of which have since altered their policies.
The lawsuit against Pfizer ( PFE ) claimed its program violated laws
including Section 1981 of the Civil Rights Act of 1866, which
bars racial bias in contracting, and Title VI of the Civil
Rights Act of 1964, which protects employees and job applicants
from racial discrimination.
In Wednesday's opinion, U.S. Circuit Judge Beth Robinson
said that Do No Harm claimed to have standing to challenge the
program because two anonymous white or Asian-American members of
the group claimed they could not apply to the fellowship.
But Robinson, an appointee of Democratic President Joe
Biden, said Do No Harm never disclosed the identities of either
member to the court and that a lower court judge as a result
rightly concluded it failed to establish standing.
Two other 2nd Circuit judges agreed to affirm the case's
dismissal. One of them, U.S. Circuit Judge Richard Wesley, an
appointee of Republican former President George W. Bush, only
partially concurred, saying the two other judges went too far by
imposing a rule requiring associations to name their members to
prove standing.
"That is an unfortunate ruling for organizations
everywhere," Wesley wrote.