Republican AGs warn top law firms: End racial preference hiring or face consequences.
Republican Attorneys General Call for an End to Racial Preference Programs
Republican attorneys general from five states have taken a stand against racial preference programs, sending a powerful message to the biggest law firms in the U.S. In a letter addressed to the managing partners, chairs, and CEOs of American Lawyer (Am Law) 100 Firms, these attorneys general warned that any discriminatory treatment based on race in hiring practices violates federal law and will not be tolerated.
“Specifically, you owe a duty to refrain from discriminating on the basis of race, whether under the label of ‘diversity, equity, and inclusion,’ or otherwise. Put simply, differential treatment based on race and skin color, even for purportedly ‘benign’ purposes, is unlawful, divisive, and exposes your firm to serious legal consequences, including potentially fines, damages, and injunctive relief,” the letter said.
The attorneys general referenced a recent Supreme Court ruling that struck down racially-based acceptance policies at Harvard and the University of North Carolina. They argued that this ruling can be applied to hiring practices in the private sector, including at law firms.
According to the letter, racial discrimination may be present in law firms when it comes to employment and promotions, which would be a violation of federal law. The attorneys general highlighted practices such as explicit racial quotas and preferences in hiring, recruiting, retention, promotion, and advancement, as well as race-based contracting practices.
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The attorneys general also raised concerns about DEI (diversity, equity, and inclusion) programming, stating that activities involving racial segregation, stereotyping, and scapegoating may violate civil rights laws and create a hostile environment.
The law firms were strongly advised to put an end to any unlawful race-based quotas and to be prepared for accountability if they choose not to comply. The attorneys general made it clear that treating individuals differently because of the color of their skin will not go unpunished.
Last month, similar warnings were issued by 13 Republican attorneys general to Fortune 500 companies, citing the Supreme Court’s landmark decision in Students for Fair Admissions v. President & Fellows of Harvard College.
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