The Foundation Against Intolerance and Racism (FAIR) has demanded Submittable Holdings take action against American literary journals on its platform that favour applications based on race. .“Because the above-listed journals have offered discriminatory submission guidelines for their publications, it is our opinion that they are each in violation of Title VI of the Civil Rights Act (some are in violation of the Equal Protection Clause of the Fourteenth Amendment to the Constitution, from which Title VI is derived), thereby infringing upon the rights of all of those who submit work to them,” said FAIR’s signatories in a letter to Submittable Holdings CEO Thor Culverhouse. .The letter has been signed by 204 people as of Friday. Some of the signatories include Foundation for Individual Rights and Expression founder Alan Kors, American author Michael Shellenberger, and Quillette associate editor Jonathan Kay. .The signatories said they were prompted to write the letter after an incident report submitted to its anonymous reporting website. The report was submitted by a complainant who identifies himself as an author who has or would consider in the future submitting written works to various literary journals through Submittable. .In the report, the complainant said literary journals across the United States are engaging in discriminatory practices in obtaining submissions from people seeking publication. FAIR has verified what was reported to it was accurate. .Among the 17 literary journals offering differential submission requirements are the Massachusetts Review, Indiana Review, Hayden’s Ferry, Ectone, Black Warrior Review, and the Common. .As an organization committed to pro-human anti-racism, FAIR supports efforts to achieve greater fairness and diversity in all industries. However, this cannot be done by offering preferential treatment in submission requirements based on race, as it violates Title VI of the Civil Rights Act. .Submittable’s Customer Terms of Use state data provided by people “will not infringe, misappropriate, or otherwise violate any rights of any third party or violate any applicable law or other personal or propriety right.” .By using Submittable as the vehicle through which these journals offer discriminatory submission requirements to users, the signatories said they violate its terms of use. .They acknowledged it would be generous and thoughtful of journals to offer preferential treatment to people facing economic hardship or other issues. But such needs cannot be assigned to users based on immutable traits, and under federal law, the journals cannot offer benefits to people based on race. .With that being said, they recognize the important role journals play in identifying and uplifting people from all backgrounds, and Submittable has been a critical tool for them to carry out their missions. Their purpose is undermined when its access is contingent because of immutable characteristics. .The signatories concluded by urging it “to provide notice to the above-listed journals that they must remove their discriminatory practices because they are violative of users’ rights and Submittable’s Terms of Use.” .“Of course, it is our hope that their submission pages will be revised to be compliant with Federal law and your Terms of Use,” they said. .“We hope you will take our suggestions to heart and hold your customers accountable for the rights of all Submittable users.”
