Republican AGs warn top law firms against illegal diversity programs

A group of five Republican attorneys general are warning the nation's top law firms that their diversity, equity, and inclusion (DEI) programs may be illegal following the Supreme Court's ruling against affirmative action.

In June of this year, the Supreme Court sided with Students for Fair Admissions against Harvard and the University of North Carolina, determining that racial criteria in college admissions were unconstitutional. The ruling, however, appears to have implications for DEI initiatives and the Republicans contend that race-based employment practices run afoul of the court decision.

"These programs were already questionable before the Supreme Court’s decision in SFFA; now, they are unambiguously in tension with employer legal duties under state and federal law," the Republicans wrote.

Attorney Generals Tim Griffin of Arkansas, Brenna Bird of Iowa, Kris Kobach of Kansas, and Daniel Cameron of Kentucky signed joined Knudsen in warning the firms.

Led by Montana Attorney General Austin Knudsen wrote to the nation's top 100 law firms, asserting that they "owe a duty to refrain from discriminating on the basis of race, whether under the label of 'diversity, equity, and inclusion,' or otherwise."

"Put simply, differential treatment based on race and skin color, even for purportedly 'benign' purposes, is unlawful, divisive, and exposes your firm to serious legal consequences, including potentially fines, damages, and injunctive relief," they continued.

"Sadly, racial discrimination in employment and contracting may be commonplace among AM Law 100 firms and other large businesses. In an inversion of the odious discriminatory practices of the distant past, some of today’s major law firms adopt explicitly race based initiatives that are just as illegal as discrimination from generations ago," the AGs lamented.

"These discriminatory practices include, among other things, explicit racial quotas and preferences in hiring, recruiting, retention, promotion, and advancement," they went on. "They also include shocking 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."

"We strongly advise you to immediately terminate any unlawful race-based quotas or preferences that your firm has adopted for its employment and contracting practices," they concluded. "If you choose not to do so, know that you will be held accountable—sooner rather than later—for treating individuals differently because of the color of their skin."

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