AUSTIN (Nexstar) — Texas Attorney General Ken Paxton said he’s looking into a company that supplies parts to Boeing, and part of his investigation includes whether its diversity, equity and inclusion (DEI) commitments factored into safety issues.
Paxton announced Thursday he sent a “request to examine” letter to Spirit AeroSystems Holdings, Inc., which has a facility in Texas and makes the fuselages for the Boeing 737 Max. He said Texas law gives him the authority to request documents from the company, including information about manufacturing defects in its products.
Randy Erben, an adjunct professor at the University of Texas School of Law, said companies must comply with these requests.
“The Texas Constitution gives the attorney general broad authority to examine, investigate and prosecute corporations to ensure that they’re in compliance with our statutes here in the state,” Erben explained. “The legislature implemented that constitutional authority by giving the attorney general the power to request, to examine any corporation or other business that files in the state of Texas, to essentially look at their records to ensure that they are in compliance and are engaging in acts and conduct that are consistent with its governing documents and the laws of the state. He has the power to investigate and do most anything else with regard to those documents and any other corporate activities.”
In a statement, Paxton wrote, “The potential risks associated with certain airplane models are deeply concerning and potentially life-threatening to Texans. 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.”
Joe Buccino, a spokesperson for Spirit AeroSystems, responded Friday to Paxton’s announcement.
“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,” Buccino wrote.
Additionally, Paxton is asking Spirit AeroSystems for certain documents about DEI policies and “whether those commitments are unlawful or are compromising the company’s manufacturing processes,” according to a news release sent out Thursday.
One example Paxton’s asking for Spirit to hand over is proof of “its claim that a diverse workplace improves product quality and/or ‘enhances performance’ and/or ‘helps Spirit make better decisions.'” A footnote contains a link to the company’s career page promoting DEI.
Antonio Ingram, an assistant counsel for the NAACP Legal Defense Fund, said this looks like the state’s crackdown on DEI is expanding past college campuses in Texas. He worries about what these specific requests might imply.
“The notion that the allegation of malfeasance of Boeing as being tied to a potential program related to inclusion of racial minorities or women or queer people, I think it really is telling that in this current political climate, there’s a newfound suspicion about the presence of people who were historically discriminated against,” Ingram said. “There’s still in some ways a view of inferiority and even incompetence, by their mere inclusion into certain institutions, including corporations like Boeing.”
Paxton’s office said Spirit has until April 17 to respond and provide the documents he’s requesting.
KXAN also reached out Friday morning to Boeing, and a spokesperson said the company had no comment on this matter.
Spirit AeroSystems as well as Boeing came under intense scrutiny after an Alaska Airlines 737 Max 9 had to make an emergency landing on Jan. 5 when a door plug blew out of the side of the plane shortly after takeoff from Portland, Oregon. In a preliminary report released in February, the NTSB said four bolts that help keep the door plug in place were missing.
Earlier this month, Boeing confirmed it’s in talks to buy Spirit AeroSystems again. It once owned Spirit and would like to reacquire it so that it could improve plane quality and safety. Spirit said in a statement confirming the talks that this does not mean, though, that a sale is a done deal.