GOP attorneys general tee off on large corporations over diversity policies

More than a dozen Republican attorneys general sent a letter to major corporations Thursday warning them to refrain from using racial preferences in hiring and promotion decisions.

Pointing to the Supreme Court’s decision undercutting the use of affirmative action in college admissions, the group said that companies would expose themselves to “serious legal consequences” for discriminating against different groups “even for benign purposes.”

“The Supreme Court’s recent decision should place every employer and contractor on notice of the illegality of racial quotas and race-based preferences in employment and contracting practices,” the letter from 13 attorneys general states.

Though the high court’s ruling in the college admissions cases did not directly implicate so-called diversity, equity or inclusion policies that have seen widespread adoption among the country’s largest employers, many legal experts believe workplace diversity efforts will see additional challenges that they unlawfully boost some groups over others.

The letter, which was directed at Fortune 100 companies and other large businesses, alleges that racial discrimination is “all too common” and violates federal and state civil rights laws.

“Responsible corporations interested in supporting underprivileged individuals and communities can find many lawful outlets to do so,” wrote the group, led by the attorneys general of Kansas and Tennessee. “But drawing crude lines based on skin color is not a lawful outlet, and it hurts more than it helps.”

Conservatives have stepped up their attacks on businesses over what they perceive as “woke” policies, namely around diversity initiatives and ESG-related efforts.

DEI’s defenders note that many of the things that employers have adopted, such as statistical breakdowns of their workforce or setting hiring goals, are aspirational and nonbinding.

Nevertheless, the attorneys general argue that many of these efforts effectively serve as illegal race-based quotas and called on companies to stop.

“If your company previously resorted to racial preferences or naked quotas to offset its bigotry, that discriminatory path is now definitively closed,” the letter states, citing the Supreme Court opinion. “Your company must overcome its underlying bias and treat all employees, all applicants, and all contractors equally, without regard for race.”

The letter was first reported by the Wall Street Journal.