Attorney General Tong Joins Coalition of Attorneys General Defending Diversity Initiatives Against Unfounded Attacks

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06/20/2024

Attorney General Tong Joins Coalition of Attorneys General Defending Diversity Initiatives Against Unfounded Attacks

(Hartford, CT) — Attorney General William Tong, as part of a coalition of 19 attorneys general, issued a letter to the American Bar Association (ABA), Fortune 100 company CEOs and other leaders to refute baseless attacks on diversity, equity and inclusion efforts and programs.

Today’s letter comes in response to one sent to the ABA by another group of attorneys general on June 3 falsely claiming that the association’s standard on diversity and inclusion violates the U.S. Supreme Court’s ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA). That letter was the most recent of several attempts made by opponents of racial equality to expand the reach of the Supreme Court’s ruling far beyond its scope.

Since the U.S. Supreme Court’s June 2023 ruling that higher education institutions generally may not consider race in admission decisions, groups seeking to dismantle broader programs aimed at reducing racial inequities have attempted to use the ruling to justify their actions, which have included intimidation and phony legal challenges.

After the 2023 ruling, Attorney General Tong and other attorneys general sent a letter to business leaders applauding corporate efforts to recruit diverse workforces and create inclusive work environments, clarifying that these programs remained legal and calling on the companies to maintain their commitment to diversity-focused programs.

Today’s letter reinforces that support and reiterates that diversity, equity and inclusion initiatives continue to remain legal. It also provides new information about the cynical attempts by opponents to undermine those efforts with false claims that programs aimed at inclusivity are actually discriminatory.

Attorney General Tong and the attorneys general note that the ABA standard’s requirement that law schools provide “full opportunities to the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic minorities,” is something schools must already do under the U.S. Constitution and antidiscrimination statutes. The standard does not require that law schools make admissions decisions based on race or ethnicity and, in fact, does not mention admissions at all.

The attorneys general write in today’s letter that recent studies show diversity efforts in corporate America are making progress toward achieving equitable representation in corporate workforces, leadership and boards. Attorney General Tong and the coalition describe how companies with diverse leadership teams are associated with higher financial returns and higher social and environmental impact scores. Companies in the top quartile for ethnic diversity show an average 27 percent financial advantage over others. Companies in the bottom quartile for ethnic diversity are 24 percent less likely to outperform. Companies in the top quartile for ethnically diverse boards are 13 percent more likely to outperform than those in the bottom quartile.

The attorneys general also note that diversity efforts aren’t just good for business; they are popular among Americans. Consumers pay attention to public pledges and expect companies to follow them with action. More than half of consumers believe companies that issue a statement supporting racial justice must follow up with concrete action. In fact, 70 percent of consumers want to know what the brands they support are doing to address social issues. In addition, 78 percent of adults in the United States support businesses taking active steps to ensure that companies reflect the diversity of the American population.

Joining Attorney General Tong in signing the letter are attorneys general from California, Colorado, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. Illinois Attorney General Kwame Raoul led the coalition.

Twitter: @AGWilliamTong

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Media Contact:

Elizabeth Benton
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