WASHINGTON (Legal Newsline) - Republican state attorneys general recently reminded Fortune 100 companies that considering race during their hiring practices could lead to serious consequences in a letter later condemned by their Democrat colleagues as intimidation.
The letter to those businesses cites the U.S. Supreme Court's June ruling in lawsuits brought against Harvard College and the University of North Carolina by Students For Fair Admissions, a group fighting affirmative action in college admissions.
Justice Clarence Thomas wrote that policies designed to favor minority applicants are "rudderless, race-based preferences designed to ensure a particular racial mix."
Similar policies in the corporate world violate the law, the AGs said in their letter. They cited Microsoft's quota for Black-owned suppliers and its demand for annual diversity disclosures from its top 100 suppliers.
"Such overt and pervasive racial discrimination in the employment and contracting practices of Fortune 100 companies compels us to remind you of the obvious: Racial discrimination is both immoral and illegal," the letter says.
"Such race-based employment and contracting violates both state and federal law, and as the chief law enforcement officers of our respective states we intend to enforce the law vigorously."
The AGs signing the letter are: Kris Kobach of Kansas, Jonathan Skrmetti of Tennessee, Steve Marshall of Alabama, Tim Griffin of Arkansas, Todd Rokita of Indiana, Mike Hilgers of Nebraska, Brenna Bird of Iowa, Alan Wilson of South Carolina, Daniel Cameron of Kentucky, Patrick Morrisey of West Virginia, Andrew Bailey of Missouri, Austin Knudsen of Montana and Lynn Fitch of Mississippi.
They cite Title VII of the Civil Rights Act of 1964, which prohibits racial discrimination in employment.
"Well-intentioned racial discrimination is just as illegal as invidious discrimination," the letter says.
"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."
Democrat attorneys general held a virtual press call Wednesday to address the letter, and 21 of them sent a letter to the same Fortune 100 companies. It states attempts to address racial disparity are not unlawful by their very nature.
"We condemn the letter's tone of intimidation, which purposefully seeks to undermine efforts to reduce racial inequities in corporate America," it says. "As the chief legal officers of our states, we recognize the many benefits of a diverse population, business community, and workforce, and share a commitment to expanding opportunity for all."
It urges companies to "double-down" on diversity programs that are lawful and serve important public and business purposes.
The AGs signing that letter are: Aaron Ford of Nevada, Kris Mayes of Arizona, Rob Bonta of California, Philip Weiser of Colorado, William Tong of Connecticut, Kathy Jennings of Delaware, Brian Schwalb of D.C., Anne Lopez of Hawaii, Kwame Raoul of Illinois, Aaron Frey of Maine, Anthony Brown of Maryland, Andrea Campbell of Massachusetts, Dana Nessel of Michigan, Keith Ellison of Minnesota, Matt Platkin of New Jersey, Raul Torrez of New Mexico, Letitia James of New York, Ellen Rosenblum of Oregon, Peter Neronha of Rhode Island, Charity Clark of Vermont and Bob Ferguson of Washington.