Last week, the Attorneys General of Florida and Texas issued opinion letters sharply criticizing race- and sex-based DEI initiatives and concluding that many such programs are unlawful.
Florida Attorney General James Uthmeier issued a formal opinion finding that dozens of state laws requiring race-based preferences, classifications, or quotas violate the 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 decision making.
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 argues that many public-sector DEI programs, and some private-sector practices, expose employers to legal risk.