Many elected officials are doubling down on corporate affirmative action after a recent Supreme Court ruling.

From The Epoch Times. A group of Democrat attorneys general are pushing back on the behalf of corporations, stating on Wednesday that they would not be prosecuting companies for their diversity, equity, and inclusion (DEI) efforts.

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The Supreme Court’s recent ruling against the use of race in the consideration of college applicants had a quick ripple effect, bringing on a legal challenge against Harvard for legacy preferences, as well as warnings to corporations coming from America First Legal (AFL), and 13 Republican attorneys general.

Now, 21 Democrat attorney generals have issued a letter to the Fortune 100 CEOs, assuring them their corporate diversity programs are “lawful and serve important business purposes.” …

Zero-Sum Race Factors

Prior to the ruling last month, in states without an affirmative action ban, universities that considered race did so in compliance with the decision set forth in Grutter v. Bollinger, which ruled that race could be used as a “plus” factor, but could never count against an applicant.

With the most recent ruling, the high court deemed it time to sunset Grutter. College admissions are necessarily “zero sum,” Chief Justice John Roberts wrote in the majority opinion (pdf). By benefitting some applicants on the basis of their race, it “necessarily advantages the former group at the expense of the latter.” …

The Republican attorneys general sent a letter to CEOs of Fortune 100 companies, including Coca-Cola, Microsoft, and Johnson & Johnson, writing, “We urge you to immediately cease any unlawful race-based quotas or preferences your company has adopted for its employment and contracting practices.” …

A week after the Republicans’ letter, Democrat attorneys general sent their own to the same companies, assuring them they have reviewed the previous letter and that “the baseless assertion that any attempts to address racial disparity are by their very nature unlawful.”

Environmental, Social, and Corporate Governance

The efficacy of ESG, or environmental, social, and corporate governance, has been a recent concerns at the top levels of government. …

The Democrat attorneys general maintain that these are legitimate efforts because they “help combat these inequities” driven by race. They asserted that “decades of discrimination” was reason to seek increased racial diversity through “race-neutral inclusion efforts” that cannot be termed “quotas.” …

They added that it was misleading to use the recent Supreme Court case as basis to prosecute: “Irrespective of SFFA, hiring decisions made on the basis of race are prohibited under Title VII and have been for decades.

“Now more than ever, private sector employers play a crucial role in establishing and maintaining the societal and economic benefits of diversity.”

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(Excerpt from The Epoch Times. Photo Credit: Canva)