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Will diversity policy affect the hiring of an independent monitor in Boeing’s case? Federal judge wants to find out

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Will diversity policy affect hiring of independent monitor in Boeing case? Federal judge wants to find out

A Boeing 777 passenger aircraft of Delta arrived from Dublin in New York. (Photo by Charly Triballeau/AFP via Getty Images)

A federal judge considering a proposed plea agreement between Boeing and the U.S. Department of Justice wants to know how diversity, equity and inclusion policies will influence the selection of a monitor to assess compliance.

In an Oct. 15 order, U.S. District Judge Reed O’Connor of the Northern District of Texas ordered briefing on the issue, report Reuters and the Associated Press.

Reed wants to know “what role Boeing’s internal focus on DEI impacts its compliance and ethics obligations,” the order said.

He also wants the government to explain how its diversity policy “furthers compliance and ethics efforts” and how it will be used in selecting a monitor.

The AP described Reed as “a favorite of conservative lawyers looking for a court to hear their lawsuits against policies issued by Democratic presidents.” He is an appointee of former President George W. Bush.

The deal before O’Connor calls for Boeing to plead guilty to conspiracy to defraud the United States for misleading the Federal Aviation Administration about a new flight-control system. The technology is alleged to have played a part in plane crashes which killed 346 people. Boeing must also spend $455 million over a three-year period on compliance and safety programs. The Volokh Conspiracy linked to this order in a blog post by Paul Cassell a professor from the University of Utah S.J. Quinney College of Law.

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