Democratic AGs Pledge Legal Cover for Companies’ Diversity Goals

Democratic attorneys general from seven states on Wednesday promised legal defense to companies whose diversity, equity and inclusion initiatives face challenges by Republican officials.

Top state lawyers from Delaware, Illinois, Massachusetts, Minnesota, New Mexico, New York and Nevada wrote to pledge support for companies to develop and continue their DEI programs amid a broad attack from state and federal GOP politicians.

The letter and subsequent call with reporters came as a response to a letter written by 13 Republican attorneys general to Fortune 100 companies last week in which they warned CEOs to “refrain from discriminating on the basis of race, whether under the label of ‘diversity, equity, and inclusion’ or otherwise.”

The Republican group cited last month’s landmark Supreme Court decision striking down race-based university admissions policies as a precedent to warn companies to keep their employment and contracting practices in line with the law.

“We urge you to immediately cease any unlawful race-based quotas or preferences your company has adopted for its employment and contracting practices,” the Republicans wrote. “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.”

But the Democratic attorneys general defended corporate DEI initiatives and countered that the Supreme Court decision has no influence on the hiring practices of private companies. The Republican letter is a “baseless attempt to intimidate private companies,” Massachussets Attorney General Andrea Campbell said on the call with reporters.

New York Attorney General Letitia James said her office submits “briefs and litigation” to companies’ legal teams to support their DEI initiatives.

“It’s important that for those of us who believe deeply in equity and inclusion, that we let the good corporate citizens of this country know that we stand shoulder-to-shoulder with them and that we will fight for equity and inclusion across this land,” Delaware Attorney General Kathy Jennings told reporters.

Campbell reiterated support for companies and said Democratic attorneys general would make it clear that corporate DEI efforts were lawful.

“They’re a significant partner,” Campbell said. “We’re going to stand with them as they receive an onslaught of baseless attacks from unfortunately a few Republican AGs in this country.”