In the wake of a recent warning by a group of Republican U.S. state attorney generals, the country’s largest corporations, including tech giant Apple, find themselves in the eye of a storm. The warning, which suggests that certain workforce diversity policies could potentially be illegal, has sent ripples through the corporate world.
The Warning Shot
The attorney generals’ warning comes on the heels of a U.S. Supreme Court decision that effectively struck down affirmative action in higher education. The officials, led by Kansas Attorney General Kris Kobach and his counterpart in Tennessee, Jonathan Skrmetti, and joined by the attorney generals of Indiana, South Carolina, and Missouri, among others, argue that any policy that treats people differently because of their race is illegal, even if it is adopted with good intentions. They have urged these companies to abandon race-based quotas or preferences in hiring, promotion, and contracting, threatening legal action if they do not comply.
The Companies in Question
The attorney generals singled out several companies in their letter, including Apple Inc, Alphabet Inc’s Google, Microsoft Corp, and Uber Technologies Corp. These companies, they claim, have used racial quotas and other explicitly race-based practices in their diversity and inclusion initiatives. The officials have urged these companies to abandon such practices, threatening legal action if they do not comply.
The Supreme Court Ruling and Its Aftermath
A recent Supreme Court decision ended affirmative action in higher education, stating that race cannot be a factor in college admissions. This ruling has sparked a wave of activism challenging legacy admissions at universities, with Harvard University at the center of the debate.
A civil rights group, backed by the NAACP, has filed a complaint against Harvard, alleging that its legacy admissions practice discriminates against students of color by giving an unfair advantage to the mostly white children of alumni. The complaint draws on Harvard data that revealed that 70% of Harvard’s donor-related and legacy applicants are white, and being a legacy student makes an applicant roughly six times more likely to be admitted.
In the wake of the Supreme Court’s decision, the NAACP has launched a nationwide campaign urging universities to promote campus diversity. This includes calls to end legacy preferences, eliminate “racially biased” entrance examinations, recruit diverse faculty, and support low-income and first-generation students with scholarships and mentoring. The campaign targets 532 public and 1,134 private colleges and universities across the nation.
The Progressive Path Forward
Progressive thought leaders argue that diversity and inclusion are not just about numbers or quotas. They are about creating an environment where everyone, regardless of their race, gender, or background, has an equal opportunity to succeed. This involves addressing systemic barriers, unconscious bias, and a lack of representation at all levels of the organization.
While the Supreme Court ruling and the attorney generals’ warning may pose challenges, they also provide an opportunity for companies and universities to reassess their diversity and inclusion strategies. Rather than focusing solely on race-based quotas, they can look at a broader range of factors, including socio-economic background, education, and life experiences.
The diversity and inclusion debate is a complex one, with no easy solutions. However, by adopting a more comprehensive, nuanced approach, companies and universities should be able navigate these storm. Just as the crew in “Jaws” needed a bigger boat to handle the great white shark, both universities and corporations may need a more robust, legally sound strategy to navigate the complexities of diversity and inclusion in the wake of these developments. It’s a challenge, but one that progressive entities need to be ready to meet.