With the proliferation of Critical Race Theory and other race-based, identity-obsessed "Diversity, Equity and Inclusion" (DEI) practices in corporate America, the Supreme Court's recent ruling that the institutional racism exhibited by universities basing admissions decisions on applicants' race violated the equal protection clause of the 14th Amendment has drawn new scrutiny on similar policies used by large corporations.
To find out more about how companies may be using so-called "affirmative action," a group of state attorneys general sent letters to the CEOs of all Fortune 100 companies in the United States, putting them on notice that racial discrimination remains illegal and will be prosecuted:
We, the undersigned Attorneys General of 13 States, write to remind you of your obligations as an employer under federal and state law to refrain from discriminating on the basis of race, whether under the label of "diversity, equity, and inclusion" or otherwise. Treating people differently because of the color of their skin, even for benign purposes, is unlawful and wrong. Companies that engage in racial discrimination should and will face serious legal consequences.
Led by Tennessee Attorney General Jonathan Skrmetti and Kansas Attorney General Kris Kobach, the letter was also signed by the attorneys general of Alabama, Arkansas, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, South Carolina, and West Virginia.
The letter noted that the same kind of racially discriminatory practices struck down in college admissions by the Supreme Court are prevalent within corporate America:
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. These discriminatory practices include, among other things, explicit racial quotas and preferences in hiring, recruiting, retention, promotion, and advancement. 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.
This kind of "overt and pervasive racial discrimination in the employment and contracting practices of Fortune 100 companies," the attorneys general wrote, compelled them to point out the obvious: "Racial discrimination is both immoral and illegal" and "violates both state and federal law."
The state AGs warned that they "intend to enforce the law vigorously" and reminded that "[w]ell-intentioned racial discrimination is just as illegal as invidious discrimination."
Saying that "the Supreme Court's recent decision should place every employer and contractor on notice of the illegality of racial quotes and race-based preferences in employment and contracting practices," the attorneys general noted that "it is incumbent upon us to remind all entities operating within our respective jurisdictions of the binding nature of American anti-discrimination laws."
"If your company previously resorted to racial preferences or naked quotes to offset its bigotry, that discrimination path is now definitively closed," the letter continued. "Your company must overcome its underlying bias and treat all employees, all applicants, and all contractors equally, without regard for race."
The attorneys general explained the importance of rooting out racial discrimination and warned that, "sooner rather than later," companies unwilling to abandon race-based policies would be held accountable:
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. Responsible corporations interested in supporting underprivileged individuals and communities can find many lawful outlets to do so. But drawing crude lines based on skin color is not a lawful outlet, and it hurts more than it helps.
We urge you to immediately cease any unlawful race-based quotas or preferences your company has adopted for its employment and contracting practices. If you choose not to do so, know that you will be held accountable—sooner rather than later—for your decision to continue treating people differently because of the color of their skin.
Will Hild, the executive director of Consumers' Research, applauded the attorneys general for putting companies on notice. "Whatever fig leaf they may have thought they had to cover the naked use of race and sex-based hiring and promotion is gone," remarked Hild. "The claim that Supreme Court jurisprudence regarding so called 'affirmative-action' in higher education allowed for the private sector to engage in plainly illegal discrimination was always dubious, but now it's completely moot. Corporations should be focused on serving their customers, while following the law, not engaging in repugnant, racist social engineering projects," he continued. "This letter serves as a much-needed message from the states' top law enforcers, end your racist practices, or we will."
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