On Monday, Tennessee Attorney General Jonathan Skrmetti led a coalition of 24 states in challenging the Department of Labor's (DOL) proposed rule to incorporate diversity, equity, and inclusion (DEI) into the National Apprenticeship System. The group argues that this move exceeds congressional authority, unlawfully promotes racial discrimination, and contradicts the American principle of equality.
"Americans fought for generations to ensure that people would not be treated differently because of the color of their skin, and the proposed DOL apprenticeship rule flies in the face of those hard-earned laws," stated General Skrmetti. "We should not let race-obsessed ideology interfere with an important and successful apprenticeship program. No American should be deprived of an opportunity because of their race."
The Attorneys General submitted a public comment letter to the DOL highlighting concerns that the National Apprenticeship System is meant to provide taxpayer funds to state sponsors, employers, and other entities so that many Americans can benefit from apprenticeship opportunities nationwide. According to Congress, the DOL is authorized to "formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices."
The letter argues that these funds are not intended for racial discrimination. However, they claim that the proposed DEI plan would require program sponsors, State Apprenticeship Agencies (SAA), and participating employers to treat individuals differently based on race. It would also necessitate these entities develop strategies to "recruit, train and retain" individuals from specific racial demographics to qualify for taxpayer funding.
Additionally, the proposal includes new race-based oversight and data collection requirements on these entities to demonstrate compliance with what they describe as government-mandated racial discrimination.
They argue that it violates legal standards in four key ways:
1. The imposition of new oversight and data collection requirements on SAAs exceeds DOL’s Spending-Clause authority.
2. The proposed race-based requirements for apprenticeship program design violate the U.S. Constitution’s Equal Protection Clause.
3. The race-based employment decision-making implied by the rule violates Title VII and related civil-rights laws.
4. As previously ruled by the U.S. Supreme Court, “what cannot be done directly” under governing law “cannot be done indirectly” by federal agencies.
The coalition contends that DOL’s proposed DEI rule fails to protect apprentices' welfare but instead establishes a system focused on selecting participants based on racial criteria.
States joining Tennessee in this public comment include Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas Utah Virginia West Virginia