GOP attorneys general shift the battle over affirmative action to the workplace

NEW YORK (AP) — Thirteen Republican state attorneys general are cautioning CEOs of the 100 biggest U.S. companies on the legal consequences of using race as a factor in hiring and employment practices, demonstrating how the Supreme Court’s recent ruling dismantling affirmative action in higher education may trickle into the workplace

The state attorneys general sent a letter to the CEOs on Thursday arguing that the controversial June ruling declaring that race cannot be a factor in college admissions — consequently striking down decades-old practices aimed at achieving diverse student bodies — could also apply to private entities, like employers.

“Treating people differently because of the color of their skin, even for benign purposes, is unlawful and wrong," they wrote. The GOP officials also suggested that Diversity, Equity, and Inclusion programs could be a form of discrimination.

The letter and similar actions elsewhere have raised questions about the far-reaching consequences of the Supreme Court decision beyond higher education. But experts note the court's ruling itself doesn't directly change current employer obligations or commitments to DEI.

“The decision itself does not legally impact Title VII (of the Civil Rights Act), which is what governs employment discrimination or discrimination in the workplace," Greg Hoff, associate counsel of the HR Policy Association, told The Associated Press.

Hoff and others say the court's ruling only applies to higher education institutions and other entities that receive federal funding. They also note that affirmative action in college admissions is very different from DEI efforts in workplaces, which can include expanding outreach for new hires, creating employee resource groups for underrepresented workers, and reducing bias in hiring through such practices as “blind” applications.