Senator Tom Cotton (R-AR) has criticized retail giant Target’s Diversity, Equity, and Inclusion (DEI) program, claiming that it is racially discriminatory.
In a letter addressed to Target CEO and Chair, Brian Cornell, Senator Cotton claimed that the DEI initiative directly violates recent Supreme Court rulings on affirmative action.
In his letter, Sen. Cotton pointed out the implications of the Supreme Court’s recent decision that struck down affirmative action in higher education.
According to Cotton, “the same principles and indeed the plain text of federal law also cover private employers.”
He further added, “Target’s DEI program applies the same race-based criteria to job offers, promotions, and business partnerships, and is similarly prohibited under federal civil rights laws.”
Cotton drew attention to Target’s pledge from September 2020, in which the company announced it would increase the number of black employees by 20%.
The Senator stated, “In September 2020, Target publicly pledged to impose a racial quota for hiring decisions.”
He also highlighted another aspect of the DEI program, wherein Target promised to allocate more than $2 billion to businesses selected based on the skin color of the owners.
Cotton’s letter references a phrase from the Supreme Court decision, noting that “eliminating racial discrimination means eliminating all of it.”
This language was used by Justice Gorsuch, who was joined by Justice Thomas, in their concurring opinion that private employers cannot treat employees or job applicants differently based on race.
Cotton implored Cornell to end all of Target’s race-based employment and partnership practices immediately.
He wrote, “I urge you to immediately end all of Target’s race-based employment and partnership practices. If you fail to do so, in the wake of the Supreme Court’s recent decision you should expect significant and likely costly litigation.”
Senator Cotton’s argument is that Target’s race-based initiatives, which purportedly aim to increase diversity and inclusion, may actually contravene federal civil rights laws by actively discriminating based on race.
He emphasized that failure to cease these practices could lead to serious legal consequences for the corporation.
