Attorney General William Tong, along with a coalition of 19 attorneys general, issued a letter to the American Bar Association (ABA), Fortune 100 company CEOs, and other leaders to counter attacks on diversity, equity, and inclusion efforts. The letter responds to one sent to the ABA by another group of attorneys general on June 3, which claimed that the association’s standard on diversity and inclusion violates the U.S. Supreme Court’s ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA).
The coalition argues that opponents of racial equality are misinterpreting the Supreme Court's June 2023 decision, which generally prohibits higher education institutions from considering race in admissions decisions. These groups have attempted to use the ruling to justify actions against broader programs aimed at reducing racial inequities through intimidation and legal challenges.
Following the 2023 ruling, Attorney General Tong and other attorneys general had sent a letter to business leaders supporting corporate efforts to recruit diverse workforces and create inclusive environments, emphasizing that these programs remained legal. Today’s letter reinforces this support and addresses attempts by opponents to undermine inclusivity initiatives with false claims of discrimination.
The attorneys general clarify that the ABA standard requiring law schools to provide opportunities for underrepresented groups does not mandate race-based admissions decisions. Instead, it aligns with existing constitutional and antidiscrimination laws.
The letter highlights studies showing progress in corporate diversity efforts, linking diverse leadership teams with higher financial returns and social impact scores. Companies in the top quartile for ethnic diversity show an average 27 percent financial advantage over others, while those in the bottom quartile are less likely to outperform.
Diversity initiatives also enjoy public support; more than half of consumers expect companies making public pledges for racial justice to follow up with concrete action. Seventy percent of consumers want transparency from brands regarding their social issue efforts, and 78 percent of U.S. adults support businesses taking steps toward reflecting America's diversity.
Joining Attorney General Tong in signing the letter are attorneys general from California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Illinois Attorney General Kwame Raoul led the coalition.