Republican and Democratic AGs Write Opposing Letters to Fortune 100 on DEI Programs

  • A group of 13 Republican AGs announced that they had sent a letter to every company on the Fortune 100 list warning that certain workplace diversity policies could be unlawful in light of the U.S. Supreme Court’s recent decision striking down affirmative action at institutes of higher education.
  • The letter argues that race-based initiatives and quotas in recruiting, retention, and advancement which attempt to insure racial diversity at companies may constitute unlawful discrimination under federal and state civil rights law. They urge the recipients to immediately cease race-based quotas and preferences and warn that companies that engage in racial discrimination will be “held accountable.”
  • Twenty-one Democratic AGs wrote their own letter in response to the same companies. The Democrats applauded the companies for their diversity and inclusion efforts and condemned the Republican letter as intimidation meant to roll back ethically responsible and lawful programs that provide opportunities for historically underrepresented communities. The Democrat letter further argues that it is misleading to suggest that the recent Supreme Court decision imposes new prohibitions on the diversity-related initiatives of private employers.