Tennessee Attorney General Jonathan Skrmetti has signed a letter addressed to Fortune 100 CEOs that threatens legal action if they refuse to “refrain from discriminating on the basis of race, whether under the label of ‘diversity, equity, and inclusion’ or otherwise.
This letter was sent in response to the United States Supreme Court’s ruling in Students for Fair Admissions v. President & Fellows of Harvard College, and was signed by 12 other attorneys general in Kansas, Iowa, Indiana, Missouri, Nebraska, Arkansas, Mississippi, Alabama, South Carolina, Montana, Kentucky, and West Virginia.
“As the Supreme Court recently emphasized, both our Constitution and our civil rights laws guarantee every American the right to be free from racial discrimination,” said Skrmetti. “The Court’s reasoning means that companies, no matter their motivation, cannot treat people differently based on the color of their skin. Corporate America continues to have many avenues to help disadvantaged people and communities of all races without resorting to crude racial line-drawing.”
While the SCOTUS case Skrmetti cited struck down Harvard’s and the University of North Carolina’s affirmative action policies, the letter also noted that the Supreme Court “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.”
The signees argued that “well-intentioned racial discrimination is just as illegal as invidious discrimination.” They also stated that the Supreme Court has “repeatedly and emphatically condemned racial quotas and preferences,” and cited the case of Parents Involved in Community Schools v. Seattle School District No.1 , 551 U.S. 701
“Sadly, racial discrimination in employment and contracting is all too common among Fortune 100 companies and other large businesses,” the letter said. “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.”
The letter also stated that explicit racial quotas and preferences in hiring, recruiting, retention, promoting and advancement fall under “discriminatory practices.” It also called out companies such as Goldman Sachs, Apple, and Microsoft for adopting “race-based practices.”
“If your company previously resorted to racial preferences or naked quotas to offset its bigotry, that discriminatory path is now definitively closed. Your company must overcome its underlying bias and treat all employees, all applicants, and all contractors equally, without regard for race,” the letter said.
If companies do not cease to “continue treating people differently because of the color of their skin,” the attorneys general have promised that they will be held accountable.
Sen. London Lamar (D-Memphis) said that Skrmetti’s move is “an abuse of power” and that he is trying to “undermine economic opportunity for Black workers and business owners. There is an appalling lack of representation in corporate America. For instance, there are only eight Black CEOs leading Fortune 500 companies — and that’s a record high number,” said Lamar.
Lamar also said that if Skrmetti succeeds in “bullying companies into ending their programs,” the consequences will be “devastating.”
