Republican attorneys general from five states have sent a letter to the biggest law firms in the U.S. telling them to end racial preference programs or face accountability.
On Tuesday, the letter was sent by Montana AG Austin Knudsen, Arkansas AG Tim Griffin, Iowa AG Brenna Bird, Kansas AG Kris Kobach, and Kentucky AG Daniel Cameron to the managing partners, chairs, and CEOs of American Lawyer (Am Law) 100 Firms, a ranking of the 100 biggest law firms in the country. It warned the firms that any discriminatory treatment for hiring violates federal law and that they could be sanctioned if they treat anyone differently because of their skin color.
“Specifically, you owe a duty to refrain from discriminating on the basis of race, whether under the label of ‘diversity, equity, and inclusion,’ or otherwise. Put simply, differential treatment based on race and skin color, even for purportedly ‘benign’ purposes, is unlawful, divisive, and exposes your firm to serious legal consequences, including potentially fines, damages, and injunctive relief,” the letter said.
The letter referenced the June ruling from the Supreme Court that struck down the racially-based acceptance policies of Harvard and the University of North Carolina where certain metrics favored minority students. Some Republicans have said that the Supreme Court ruling can be applied to hiring practices in the private sector, including at law firms.
According to the Tuesday letter, racial discrimination for employment and promotions may be present in law firms, which they said would violate federal law.
“These discriminatory practices include, among other things, explicit racial quotas and preferences in hiring, recruiting, retention, promotion, and advancement. They also include shocking race-based contracting practices, such as racial preferences and quotas in selecting suppliers, providing overt preferential treatment to customers on the basis of race, and pressuring contractors to adopt the company’s racially discriminatory quotas and preferences,” the AGs wrote.
CLICK HERE TO GET THE DAILYWIRE+ APP
The letter cited the racial quota for leadership and staff positions at Baker McKenzie, a prominent Chicago law firm. In addition to quotas, the Republicans warned that DEI programming could also be illegal.
“Activities that utilize racial segregation, race stereotyping, and race scapegoating may violate civil rights laws because they can create a hostile environment and/or involve activities that result in different treatment on the basis of race. This is particularly true when participation in such exercises is compulsory,” the Republicans said.
The firms were advised to end any “unlawful race-based quotas” or face accountability. “If you choose not to do so, know that you will be held accountable — sooner rather than later — for treating individuals differently because of the color of their skin,” the letter said.
Last month, 13 Republican attorneys general sent out a similar warning to Fortune 500 companies, again pointing to the Supreme Court’s landmark decision in Students for Fair Admissions v. President & Fellows of Harvard College.