GOP State AGs Warn Companies Over Race-Based Hiring Policies

Facts

• On Thursday, a group of 13 Republican state attorneys general submitted a letter to all Fortune 100 companies warning that race-based hiring policies might currently be unconstitutional in the aftermath of the SCOTUS decision last month that ended race-based admissions policies at colleges.¹
• While singling out about a dozen companies — including Apple, Meta, and Uber — the letter suggested that any businesses which 'engage in racial discrimination' would face 'serious legal consequences.'²
• Attorneys general from Kansas and Tennessee were the lead signatories of the letter, which was also signed by attorneys general from Alabama, Arkansas, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, South Carolina, and West Virginia.³
• In last month’s SCOTUS ruling, race-conscious admissions policies at Harvard and the University of North Carolina were deemed in violation of the Constitution’s guarantee of equal protection.²
• Although the ruling didn’t directly impact employers, Justice Neil Gorsuch's concurring opinion wrote that federal laws banning racial bias in higher education are 'essentially identical' to laws against workplace discrimination.²
• There are expected to be legal challenges from both sides of this debate, as some legal experts don’t see a direct connection between the SCOTUS ruling and employment laws.¹

Sources: ¹Wall Street Journal, ²Reuters and ³The Messenger.

Narratives

• Republican narrative, as provided by Daily Caller. Even if well-intentioned — as these diversity programs claim to be — any type of discrimination is immoral and illegal. These companies, competing for the 'woke' badge, are weighing candidates based on sentimental social engineering rather than merit. If they continue to favor members of any one race over another, they must be prepared to deal with the legal consequences.
• Democratic narrative, as provided by Yahoo News. It’s been proven that diversity is good for business and society as a whole. Instead of accepting that, officials are threatening some of the drivers of the US economy with legal action over the preposterous notion that white people are the ones being discriminated against. This letter has no moral or legal basis.