America First Legal (AFL) has formally requested that the U.S. Equal Employment Opportunity Commission (EEOC) and Tennessee Attorney General Jonathan Skrmetti investigate Cracker Barrel Old Country Store, Inc. (Cracker Barrel) for potential violations

America First Legal Calls for Federal and State Investigations into Cracker Barrel Over Unlawful and Discriminatory Employment Practices

WASHINGTON, D.C. – America First Legal (AFL) has formally requested that the U.S. Equal Employment Opportunity Commission (EEOC) and Tennessee Attorney General Jonathan Skrmetti investigate Cracker Barrel Old Country Store, Inc. (Cracker Barrel) for potential violations of federal and state civil rights laws stemming from its discriminatory diversity, equity, and inclusion (DEI) policies.


Cracker Barrel rebranded its dedicated DEI website last year from “Diversity and Inclusion” to “Culture and Inclusion,” yet continues to promote the company’s apparently unlawful commitments to provide unique employment benefits to certain races and sexes. The company’s public statements, regulatory filings, and internal policies show that it uses “diversity” as a proxy for race and sex.


Cracker Barrel promises to “attract, select, develop, and retain high-performing talent with diverse backgrounds, experiences and perspectives.” Its 2024 ESG report tracks workforce demographics by race and gender. These commitments have led to a more “diverse” workforce from FY 2022 to FY 2024 across Cracker Barrel’s professional staff, store-level management, and hourly staff.

Cracker Barrel also maintains Business Resource Groups (BRGs), which it says serve to “support the development of diverse team members.” However, certain BRGs appear to offer employment benefits that are only available based on an employees’ race or sex. For example:

  • The Be Bold BRG aims to “cultivate and develop Black Leaders within the Cracker Barrel organization.”

  • The HOLA BRG “[p]rovides opportunities to our Latino team members” and “promote[s] Hispanic and Latino culture through hiring, developing, and retaining talent within Cracker Barrel.” 

  • The LGBTQ+ Alliance BRG “[p]rovides a space for LGBTQ+ people to meet and support each other while increasing LGBTQ+ awareness at Cracker Barrel.” 

  • The Women’s Connect BRG’s mission is to “inspire the women of Cracker Barrel by empowering, educating and engaging to achieve the strategic initiatives of Cracker Barrel.” Cracker Barrel also describes that this BRG “[h]elps women on our team find connections and grow their careers.”  

Even if any employee may technically join a BRG, certain associated benefits appear to be restricted to specific identity groups.


Cracker Barrel admits in its 2024 shareholder Proxy Statement that pursuing “diversity” means considering race and sex. Its Nominating and Corporate Governance Committee “considers, among other things . . . diversity of age, gender, race and ethnic background” in evaluating potential candidates for the Company’s Board of Directors.


Treating employees differently because of their race or sex is not only wrong, it is illegal and violates numerous federal and state civil rights laws. AFL will continue to fight back against unlawful discrimination in all its forms.


Statement from Will Scolinos, America First Legal Counsel:


“Americans are fed up with major American corporations serving up DEI as if it is entirely okay. Treating people differently because of the color of their skin or their sex is not only wrong, it is illegal. AFL has fought DEI since the Biden Administration spent four years celebrating and encouraging its wholesale implementation across the country. Now, companies are retreating from the term ‘DEI’ but retaining their discriminatory policies. Cracker Barrel and other American corporations must take discrimination by any name off the menu once and for all.”


Statement from Nicholas Barry, America First Legal Senior Counsel:


“Cracker Barrel is almost as American as apple pie. Their store is full of classic Americana items, and it brands itself as a bastion of southern hospitality. If Cracker Barrel is discriminating against its employees and trying to hide it, it is failing to live up to its own brand and internal standards. The government should vigorously enforce its civil rights laws and ensure any such discrimination is rooted out and destroyed.”


Read the federal EEOC complaint here.


Read the state AG here.


Read the board letter here.


Learn more about our actions against Woke Corporations here.



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