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ARTICLE · 21 JULY 2023

Three Questions About The Recent Attorneys General Letter Related To DEI Programs

Perkins Coie LLP
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Thirteen attorneys general signed a public letter (AG Letter) on July 13, 2023, voicing opposition to employers' use of diversity, equity, and inclusion (DEI) plans.

United StatesEmployment and HR
Christopher Wilkinson
Christopher Wilkinson
Abdul Kallon
Abdul Kallon
Jeremy Wright
Jeremy Wright

Thirteen attorneys general signed a public letter (AG Letter) on July 13, 2023, voicing opposition to employers' use of diversity, equity, and inclusion (DEI) plans. The letter alleges that the U.S. Supreme Court's recent decision banning race-based affirmative action in college admissions implicates corporate DEI programs. The letter frames many corporate commitments arising out of the racial protests in 2020 as "commonplace" discrimination and illegal quotas. It warns that employers face legal action where employer practices fall outside of the legal lines. We describe the letter's contents, its legal effect, and its impact on employers.

What Did the AG Letter State?

The AG Letter begins with a reference to the Supreme Court's decision in Students for Fair Admissions v. President & Fellows of Harvard College, No. 20-1199 (U.S. June 29, 2023) (SFFA), which ruled that race could not be used as a factor in university admissions. The letter then

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