


And nothing we announced in June changes that. We hire and promote the most qualified person. One thing remains true of all our programs. Furthermore, we know that we need to focus on creating more opportunity, including through specific programs designed to cast a wide net for talent for whom we can provide careers with Microsoft. We have decades of experience and know full well how to appropriately create opportunities for people without taking away opportunities from others. We also have affirmative obligations as a company that serves the federal government to continue to increase the diversity of our workforce, and we take those obligations very seriously. We are clear that the law prohibits us from discriminating on the basis of race.

In the letter we received last week, the OFCCP suggested that this initiative “appears to imply that employment action may be taken on the basis of race.” The letter asked us to prove that the actions we are taking to improve opportunities are not illegal race-based decisions. To help achieve our diversity goals, in an announcement on June 23 we committed to invest in our business ecosystem and broader communities, and to invest an additional $150 million over five years in our own internal diversity and inclusion programs. As part of this effort, we will also continue our work training managers and strengthening career planning and talent development.

We look forward to providing the OFCCP with this information and, if necessary, defending our approach. We have every confidence that Microsoft’s diversity initiative complies fully with all U.S. workforce by 2025 could constitute unlawful discrimination on the basis of race, which would violate Title VII of the Civil Rights Act. Specifically, the OFCCP has focused on whether Microsoft’s commitment to double the number of Black and African American people managers, senior individual contributors and senior leaders in our U.S. Microsoft, like all federal contractors, is subject to several OFCCP requirements, including those with respect to employment practices. In a spirit of transparency, we want to disclose that Microsoft was contacted last week by the United States Department of Labor Office of Federal Contract Compliance Programs (OFCCP) regarding some of the commitments we made in June to address issues faced by the Black and African American community.
