July 21st 2023.
Republican attorneys general have been taking a hard stance on corporate workforce diversity initiatives, claiming they are illegal. Democratic leaders have pushed back, with Democratic attorneys general from New York, Illinois, Nevada, and four other states jumping on a call to defend diversity DEI programs.
Politico reports that Democratic attorneys general from twenty states and the District of Columbia wrote a letter to major corporations that are lined up behind hiring efforts that take diversity into consideration, in response to the Republicans' letter. New York Attorney General Letitia James stated that she is unaware of any corporation that promotes quotas or openly discriminates based on a number. She added that most company DEI initiatives focus on diversifying the hiring pool or setting aspirational goals.
The Supreme Court's ruling last month stated that race-conscious admissions policies violated the U.S. Constitution and has no direct effect on employers, but they could face legal consequences for "unlawful" discrimination. Democratic attorneys general argued that the Republicans are making a "baseless assertion that any attempts to address racial disparity are by their very nature unlawful." Delaware's Attorney General, Kathy Jennings, called it “a flagrant double standard.”
Raul Torrez, attorney general of New Mexico, believes some workplace diversity programs address the difficulty people from disadvantaged backgrounds face. He commented that “A lot of the really qualified applicants who are women or people of color simply didn’t know these opportunities existed and how to navigate the system.”
Prior to the Supreme Court's decision, several Republicans had taken issue with DEI initiatives in education and the workplace. Labor attorneys fear the high court's decision could put pressure on employers who are open to building more diverse workplaces.
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