Attorney General Jason Miyares of Virginia has joined forces with 18 other states in criticizing the proposed "Business Diversity Principles" guidance issued by the U.S. Department of Commerce. The guidance aims to promote diversity, equity, inclusion, and accessibility (DEIA) in corporate America but has faced strong opposition for allegedly endorsing racial discrimination and anti-American principles.
In a public comment letter, Attorney General Miyares voiced his concern over the Biden Administration's misuse of power by pushing discriminatory policies without congressional approval. He emphasized that private companies should hire based on merit, stating, "an individual's race or ethnicity has no impact on their work ethic or qualifications." Miyares firmly believes that race-based hiring is illegal, and the federal government should not force it upon private companies.
The proposed guidance has drawn criticism for its potential violation of the law in three ways. Firstly, it encourages businesses to strive for diversity targets in their workforce plans and assesses DEIA performance using demographic data across all levels and departments. Critics argue that this approach forces private businesses to hire based on racial preferences, which they consider immoral, illegal, and regressive.
Moreover, race-based employment practices are considered invidious discrimination and are therefore illegal. The Supreme Court has made it clear that eliminating racial discrimination means eliminating all forms of it. Thus, any employment "best practices" promoted by the Commerce Department should adhere to this legal principle.
Besides Virginia, several other states have expressed their opposition to measures that perpetuate unlawful treatment of individuals based on race. These states include Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Carolina, Tennessee, Texas, and West Virginia.
The letter submitted by the states can be read on the Office of the Attorney General's website.
This challenge to the Department of Commerce's proposed guidance reflects the ongoing debate over the role of race in hiring practices and the pursuit of diversity in corporate America. While proponents argue that such measures are necessary to address historical inequalities, opponents, like Attorney General Miyares, maintain that race-based hiring is unlawful and undermine the principles of meritocracy and equal opportunity.
As this issue continues to be debated, it remains to be seen how the Department of Commerce will respond to the concerns raised by Attorney General Miyares and the other states involved in this challenge.
Click this link to access more information: https://www.oag.state.va.us/media-center/news-releases/2667-january-8-2024-attorney-general-miyares-joins-states-in-challenging-department-of-commerce-s-unlawful-race-based-best-practices-guidance