Conservative legal group America First Legal (AFL), closely aligned with the pro-Trump movement, filed formal complaints Monday against Cracker Barrel, alleging that the restaurant chain is engaging in illegal and discriminatory hiring practices under the guise of diversity, equity, and inclusion (DEI) policies.
The complaints, submitted to both the Tennessee Attorney General and the Equal Employment Opportunity Commission (EEOC), argue that Cracker Barrel is maintaining race- and sex-conscious frameworks that violate Title VII of the Civil Rights Act of 1964 and Tennessee’s Human Rights Act. According to AFL, these frameworks grant workplace benefits and career advancement opportunities based on protected characteristics such as race, sex, or sexual orientation.
“Americans are fed up with major American corporations serving up DEI as if it is entirely okay,” said AFL counsel Will Scolinos. “Treating people differently because of the color of their skin or their sex is not only wrong, it is illegal.”
Central to AFL’s complaint is Cracker Barrel’s system of Business Resource Groups (BRGs), which include employee groups specifically designed to promote Black, Hispanic, Latino, LGBT, and other identity-based cohorts. AFL claims these BRGs provide career support and mentorship benefits not equally accessible to all employees. For instance, Cracker Barrel’s “Be Bold” BRG states it exists to “cultivate and develop Black leaders,” while the “HOLA” BRG aims to “promote Hispanic and Latino culture through hiring, developing, and retaining talent.”
Cracker Barrel’s rebranding of its DEI page as “Culture and Belonging” also came under scrutiny. AFL alleges the renaming is a cosmetic change that conceals continued use of racial and gender classifications as hiring and promotion criteria.
AFL cited SEC filings in which Cracker Barrel openly acknowledges categorizing board candidates as “Diverse” or “Not-Diverse,” and noted that its nominating committee considers race, gender, age, and ethnicity in board appointments. The company’s DELTA program (Diverse Employee Leadership Talent Advancement) was also cited as an example of race-conscious advancement strategy, with filings stating the program is designed to advance “diverse managers.”
According to AFL, these initiatives have already altered the demographic makeup of Cracker Barrel’s workforce, with increases of at least 3% in the representation of ethnic minorities and women among hourly staff and management since fiscal year 2022. The organization claims these outcomes demonstrate intentional demographic targeting.
The complaint states, “Cracker Barrel’s policies openly discriminate against heterosexual, white, and male employees in favor of diverse employees.” AFL argues that “so-called equity policies” violate Supreme Court precedent, which bars policies that seek to impose racial balancing—regardless of intent.
Citing Title VII and decades of federal case law, AFL emphasized that “majority-group plaintiffs” are entitled to the same legal protections as minority groups. “Well-intentioned discrimination is still discrimination,” the group wrote.
AFL is now calling for both state and federal investigations into Cracker Barrel’s practices. The group is urging the EEOC and the Tennessee Attorney General to review internal communications, examine the company’s contracting practices, and enforce existing civil rights laws to halt what it describes as “DEI-based discrimination.”
As of now, Cracker Barrel has not issued a public response to the complaints.
