Texas Attorney General Ken Paxton has opened an investigation into Boeing
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In addition to investigating manufacturing issues, the Attorney General has asked Spirit AeroSystems to provide extensive details on its Diversity, Equity, and Inclusion policy.
Investigation Into “Numerous Concerning Or Dangerous Incidents” At Spirit AeroSystems
The Texas Attorney General’s investigation follows the Alaska Airlines
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The NTSB’s preliminary report suggests someone removed and did not reinstall these bolts during repair work performed by Spirit AeroSystems personnel at the Boeing plant. Boeing has stated it has no work records for this repair. NTSB Chair Jennifer Homendy told a Senate Committee that the investigation wanted to interview employees who had worked on this repair but had not gotten the names from Boeing.
Attorney General Paxton’s investigation extends beyond the Alaska Airlines incident. He questions Spirit AeroSystems’ quality control after “apparent manufacturing defects have led to numerous concerning or dangerous incidents.”
In the announcement of the investigation, the Attorney General cites the Texas Business Organizations Code authorizing the Office of the Attorney General to investigate the company and demand documents “relevant to manufacturing defects in their products.” Spirit AeroSystems has two facilities in Dallas, Texas.
“The potential risks associated with certain airplane models are deeply concerning and potentially life-threatening to Texans,” said Attorney General Paxton in a statement. “I will hold any company responsible if they fail to maintain the standards required by the law and will do everything in my power to ensure manufacturers take passenger safety seriously.”
Questioning Diversity At Spirit AeroSystems
The Attorney General is requiring Spirit AeroSystems to release documents on its diversity, equity, and inclusion (“DEI”) commitments, as the investigation intends to determine “whether those commitments are unlawful or are compromising the company’s manufacturing processes.”
While Texas banned diversity, equity, and inclusion programs at colleges and universities, this investigation targets a corporation.
Last year, the Attorneys General of 13 States said that they could pursue corporate Diversity and Inclusion Programs. That list included the Attorney General of Kansas, where Spirit AeroSystems is headquartered, but not the Texas Attorney General. Their warning followed the Supreme Court’s decision to deem affirmative action programs at Harvard and the University of North Carolina unlawful.
However, in October of last year, Colorado’s Attorney General Philip J. Weiser issued a formal legal opinion in which he argued workplace DEI programs are legal. Attorney General Weiser found corporate DEI initiatives fall outside the scope of the Supreme Court’s decision which applied only to college and university admissions, and private companies are not federally funded.
I have contacted Attorney General Paxton’s office for further information on why the investigation links Spirit’s reported quality issues to the company’s DEI program.
Spirit AeroSystems DEI Program
On its website, Spirit AeroSystems states its DEI “aligns with our values and is a key enabler to achieving our overall business strategy to enhance performance.”
In the request to examine, Attorney General Paxton’s office asked Spirit Aerosystems to produce “any Documents that Spirit relies on to substantiate its claim that a diverse workplace improves product quality and /or ‘enhance[s] performance’ and/or ‘helps [Spirit] . . . make better decisions.’“
The investigation asks Spirit AeroSystems for complete employee demographics for race, national origin, sexual orientation, and age before the company enacted its DEI Policy. It also requires Spirit AeroSystems to report the demographics of the 2,800 employees in Wichita and 400 in Oklahoma impacted by the company’s layoffs in 2020, which the company enacted following lower production demand during the COVID-19 pandemic.
The request to examine also asks Spirit AeroSystems to furnish “all meeting minutes of Spirit’s Global Diversity & Inclusion Council(s).”
On its DEI page, Spirit AeroSystems states that Global Diversity, Equity & Inclusion Councils are cross-functional groups of site leaders, managers, and employees who collaborate to create “a shared mindset and sense of belonging.” They are responsible for evaluating DEI needs on-site and carrying out the company’s DEI strategy. Each site council has a local executive “champion” for its initiatives.
Investigating Whistleblower’s Termination
The Attorney General’s request to examine also asks for documents related to the termination of whistleblower Joshua Dean.
Dean is a former SpiritAerosystems quality auditor who has been vocal about declining quality standards at the Spirit AeoSystems Wichita plant. He gave evidence in a shareholder lawsuit alleging an “excessive amount of defects” at the plant and claims he was fired for questioning quality practices at the plant.
“I think they were sending out a message to anybody else,” Dean told NPR. “If you are too loud, we will silence you.”
As reported by NPR, a Spirit AeroSystems spokesperson disputed Dean’s allegations.
The company replied to my request for comment on the Attorney General’s investigation, stating, “While we do not comment on investigations, Spirit is wholly focused on providing the highest quality products to all our customers, to include the Boeing Company.”
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