Republican AGs warn Fortune 100 against DEI practices in wake of SCOTUS affirmative action case

A group of Republican-led state attorneys general have warned the Fortune 100 against maintaining racially discriminatory practices in the wake of the Supreme Court ruling striking down affirmative action in college admissions.

Led by Kansas AG Kris Kobach and Tennessee AG Jonathan Skrmetti, the group warns board rooms against diversity, equity, and inclusion (DEI) practices, which they equate to "discriminating on the basis of race."

The group pointed to the recent Supreme Court decision in Students for Fair Admissions v. President & Fellows of Harvard College striking down the school's admissions policies, noting that the ruling had implications beyond higher education.

"Notably, the Court also recognized that federal civil-rights statutes prohibiting private entities from engaging in race discrimination apply at least as broadly as the prohibition against race discrimination found in the Equal Protection Clause," they wrote. "In sum, the Court powerfully reinforced the principle that all racial discrimination, no matter the motivation, is invidious and unlawful."

"Sadly, racial discrimination in employment and contracting is all too common among Fortune 100 companies and other large businesses. In an inversion of the odious discriminatory practices of the distant past, today’s major companies adopt explicitly race-based initiatives which are similarly illegal," they continued.

"These discriminatory practices include, among other things, explicit racial quotas and preferences in hiring, recruiting, retention, promotion, and advancement," the AGs wrote. "They also include race-based contracting practices, such as racial preferences and quotas in selecting suppliers, providing overt preferential treatment to customers on the basis of race, and pressuring contractors to adopt the company’s racially discriminatory quotas and preferences."

The group went on to identify examples of such practices and insisted they were illegal in light of the Supreme Court decision.

"Social mobility is essential for the long-term viability of a democracy, and our leading institutions should continue to provide opportunities to underprivileged Americans. Race, though, is a poor proxy for what is fundamentally a class distinction," they continued.

The group urged the companies to "to immediately cease any unlawful race-based quotas or preferences your company has adopted for its employment and contracting practices" and further suggested they would be "held accountable" should they decline to do so.

The AGs' warning comes as polling data suggests the public largely opposes hiring employees on the basis of race or other demographics.

A May poll from Consumers Research asked respondents: "Do you agree or disagree that major corporations should focus on hiring or promoting employees based on race and other demographics, rather than delivering quality service and products to customers?"

A quarter either "somewhat" or "strongly" agreed with the sentiment, compared to 68% who either "somewhat" or "strongly" disagreed. Opposition increased meaningfully when the firm asked the same question with respect to company leadership.

Three quarters of registered voters opposed hiring executives on the basis of race while 20% supported the practice.

Conducted between May 16-22, the survey questioned 1600 registered voters and has a margin of error of +/- 2.45%.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.