The attorneys general of 13 states have written to the CEOs of Fortune 100 companies urging them to abide by racial discrimination obligations in employment practices or face the risk of legal consequences.
The July 13 letter asked recipients to comply with “race-neutral principles” in their employment and contracting practices as outlined by a recent Supreme Court decision following a lawsuit by Students for Fair Admissions (SFFA) against presidents and fellows of Harvard College.
The court ruled that Harvard’s “race-based admissions policies” violated the 14th Amendment and recognized that federal civil-rights statutes prohibiting private entities from engaging in race discrimination apply at least as broadly, including in employment and contracting.
The attorneys general claimed that similar race discrimination is common among Fortune 100 companies, with discriminatory practices including “explicit racial quotas and preferences” in hiring and promotion.
The group pointed to examples of racial hiring quotas at 27 banks, tech companies, and consulting firms including Apple, Microsoft, and Goldman Sachs.
“Racial discrimination is both immoral and illegal,” the attorneys general stated. “Such race-based employment and contracting violates both state and federal law, and as the chief law enforcement officers of our respective states we intend to enforce the law vigorously.”
“Well-intentioned racial discrimination is just as illegal as invidious discrimination,” they stressed, pointing to cases such as Adidas’ promise to hire exclusively Black and Latino workers in 30% of all new positions over the next five years.
The attorneys general concluded the letter by threatening to hold the companies accountable for failure to cease such practices.