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Tuesday, November 5, 2024

Attorneys general defend DEI initiatives against recent criticisms

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Attorney General Aaron D. Ford | Nevada Attorney General Office

Attorney General Aaron D. Ford | Nevada Attorney General Office

Carson City, NV — Attorney General Aaron Ford announced today his participation in a coalition of 19 attorneys general, led by Illinois Attorney General Kwame Raoul, to issue a letter defending diversity, equity, and inclusion (DEI) initiatives. The letter addresses the American Bar Association (ABA), Fortune 100 company CEOs, and other leaders to counter what they describe as baseless attacks on DEI efforts.

"The ongoing, unwarranted attacks on DEI initiatives in this country are based on legal falsehoods and efforts to intimidate companies and organizations into disregarding diversity and equality,” said AG Ford. “DEI programs are an important step toward remediating racial inequities, and efforts to dismantle these programs are based on disingenuous arguments at best and outright maliciousness at worst.”

The coalition's letter responds to another sent to the ABA by a different group of attorneys general on June 3. That earlier correspondence claimed that the ABA’s standard on diversity and inclusion violates the U.S. Supreme Court’s ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA). The coalition argues that opponents of racial equality are misinterpreting the Supreme Court’s June 2023 decision—which limits race consideration in higher education admissions—to challenge broader DEI programs unjustifiably.

Following the 2023 ruling, AG Ford led other attorneys general in commending corporate efforts to maintain diverse workforces and inclusive environments while clarifying that such programs remain legal.

AG Ford emphasized that the ABA standard requires law schools to provide opportunities for underrepresented groups without mandating race-based admissions decisions. The coalition highlights studies showing progress due to corporate diversity efforts, noting companies with diverse leadership often see higher financial returns and social impact scores.

Additionally, more than half of consumers believe companies supporting racial justice must take concrete actions. Seventy percent want transparency regarding brands' social issue stances, while 78% of U.S. adults support businesses ensuring workforce diversity reflective of the American population.

Joining AG Ford in signing the letter were attorneys general from California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon Rhode Island Vermont Washington.

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