The Attorneys General of Florida and Texas issued opinion letters last week calling many DEI programs unlawful, reflecting increased state enforcement against race- and sex-conscious policies.
Florida Attorney General James Uthmeier issued a formal opinion finding that dozens of state laws requiring race-based preferences, classifications, or quotas violate the U.S. Constitution’s Equal Protection Clause and Florida’s Constitution. Relying heavily on the Supreme Court’s holding in Students for Fair Admissions v. Harvard, the opinion states that Florida will not defend or enforce statutes that mandate race-based decisionmaking.
Texas Attorney General Ken Paxton issued a lengthy opinion asserting that DEI programs — particularly those that consider race or sex in hiring, promotion, contracting, or training — are unlawful under the U.S. and Texas Constitutions as well as civil rights and securities laws. The opinion overrules several prior Texas AG opinions and asserts that many public-sector DEI programs, and some private-sector practices, expose employers to legal risk.
The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will hold a February 19 members-only roundtable, State AGs Increase Scrutiny of DEI Practices, to discuss these developments and practical compliance strategies. CWC members can read more here.