In a bold move on Monday, Senator Tom Cotton (AR) warned top law firms about potential violations of federal civil rights laws related to their Diversity, Equity, and Inclusion (DEI) programs.
He sent letters to 51 law firms informing them about possible issues tied to the race-based hiring practices prevalent in these programs.
“Federal law has long prohibited treating employees differently because of their race,” Cotton stated in the letters, reminding the firms of the Supreme Court’s recent declaration that “eliminating racial discrimination means eliminating all of it.”
In his letters, Cotton specifically focused on DEI programs that allegedly treat people differently based on race.
He advised the law firms to retain documents relevant to these DEI practices in anticipation of congressional oversight and potential lawsuits over perceived illegal racial discrimination within DEI programs.
“Congress will increasingly use its oversight powers—and private individuals and organizations will increasingly use the courts—to scrutinize the proliferation of race-based employment practices,” the Senator warned.
His letters additionally addressed the influence of major investment firms such as BlackRock, which he claimed exert pressure on companies to enact DEI hiring policies to satisfy their Environmental, Social, and Governance (ESG) mandates.
“Your firm has a duty to fully inform clients of the risks they incur by making employment decisions based on race,” Cotton emphasized in his correspondence.
The Senator linked the issue to the Supreme Court’s recent ruling against racial discrimination in college admissions.
While the case specifically pertained to educational institutions, Cotton highlighted that “the same principles and indeed the plain text of federal law also cover private employers.”
Reiterating existing legal standards, Cotton referred to Title VI of the Civil Rights Act, which already forbids federal fund recipients from discriminating based on race, and Title VII, which prohibits private employers from making hiring decisions grounded in race.
He also pointed to a recent warning by a U.S. Equal Employment Opportunity Commissioner stating that “diversity programs pose both legal and practical risks for companies.”
This proactive approach by Senator Cotton underscores his commitment to scrutinize and challenge the growing wave of race-based employment practices in the name of DEI.
Read the full text of the letters Senator Cotton sent to the law firms below:
