Thirteen Republican attorneys general warn CEOs of the 100 largest U.S. companies about the legal ramifications of using race as a factor in hiring and employment practices, demonstrating how the recent Supreme Court ruling dismantling affirmative action in higher education, can seep into the workplace.

State attorneys general sent a letter to CEOs on Thursday arguing that the controversial June ruling declaring race cannot be a factor in college admissions, overturning decades-old practices aimed at reaching diverse student organizations, could also apply to private entities, such as employers. .

Treating people differently because of their skin color, even for benign purposes, is illegal and wrong,” they wrote. The GOP officials also suggested that diversity, equity and inclusion programs may constitute a form of discrimination.

The letter and similar actions elsewhere have raised questions about the far-reaching consequences of the Supreme Court ruling beyond higher education. But experts take note of the court’s ruling

yourself

does not directly change current employer obligations or commitments

diversity, equity and inclusion DEI

.

The decision itself has no legal effect under Title VII (of the Civil Rights Act), which governs employment or workplace discrimination,” said Greg Hoff, associate counsel for the HR Policy Ass

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the Associated Press.

Hoff and others say the court ruling

only

applies

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to higher education institutions and other entities receiving federal funding. They also note that affirmative action in college admissions is very different from DEI efforts in workplaces, including expanding outreach for new hires, creating staff groups for underrepresented employees, and reducing hiring bias through practices such as blind job applications.

What we’ve seen a lot since the decision was made is political opponents of DEI… confusing affirmative action with DEI more broadly because it serves their political goals, said David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion and belonging to New York University’s School of Law. I think there are a lot of deliberate attempts to muddy the waters here.

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diversity, equity and inclusion DEI

, affirmative action in the workplace is still technically upheld by Supreme Court precedent, Glasgow adds. But affirmative action in the workplace is rare, and he suspects today’s court will likely dismiss these cases if challenged, following the college’s admissions order.

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Thursday’s letter marks no legal action, experts expect future lawsuits. The lawyers

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blanket letter also isn’t the first time officials have argued that the Supreme Court ruling applies to private employers.

Last week, Senator Tom Cotton

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(R-arc.)

ansas,

sent a letter to Target CEO Brian Cornell stating that the company

DEI diversity, equity and inclusion

program and racial quota for hiring was discriminatory while also pointing to the affirmative action ruling. Target did not immediately respond

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the Associated Press request for comment

on

Friday

They start with letters, but I don’t think it’s bluff, said Zamir Ben-Dan, an assistant professor of law at Temple University. It becomes a problem.

The attorneys general said they would pay attention to companies’ practices in hiring employees and contractors and called on companies like Airbnb, Facebook, Google, Goldman Sachs, Microsoft and Netflix for programs designed to promote racial diversity in hiring. and suppliers.

In response, employers can take steps to avoid lawsuits, argue Hoff and HR Policy Ass

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President and CEO Tim Bartl said.

The increased risk for employers is this increased risk of litigation as a result of the decision, but again, not because of changing obligations under Title VII, Hoff said.

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Jonathan Skrmetti, one of the signatories, said the letter is not a warning to companies, but rather a warning that racial preferences may be against the law. He added that the group decided to take action in part to respond to speculation about the Supreme Court ruling not applying to employment.

The court was very clear, he said in an interview on Friday. The correct answer to racial discrimination is no more racial discrimination.

Not all attorneys general applauded the ruling in recent months or are eager to apply it beyond college admissions. Only about helped the Republican nation

AGs of Attorneys General

signed the letter. And Democrats have condemned the Supreme Court’s affirmative action ruling.

For decades, the Supreme Court has upheld targeted affirmative action programs to increase diversity in higher education, Democratic Attorneys General Assembly co-chairs say

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n., Nevadas Aaron Ford and Delawares Kathy Jennings, said in a June 29 statement, calling those days a major step backwards that flouts those ideals.

Ben-Dan expects to undermine the results of any action taken in the workplace

diversity, equity and inclusion DEI

will mimic what was already happening when affirmative action was weakened earlier in higher education, noting that enrollment for nonwhite students, especially black students, fell after California banned affirmative action in 1996, for example.

I imagine this will lead to a decrease in racial diversity in the workforce,” he said.