October 9, 2023
On October 4, 2023, Colorado’s Attorney General Philip J. Weiser issued a formal legal opinion (“Opinion”) confirming the legality and praising the benefits of diversity, equity, and inclusion (“DEI”) programs and policies in the workplace. The Opinion makes clear that, despite the increase in legal challenges to DEI programs after the Supreme Court struck down affirmative action in college admissions (Students for Fair Admissions v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023) (“SFFA”)), the Colorado Attorney General’s Office is highly unlikely to challenge the DEI policies or programs of companies under its jurisdiction.
A. Background
Attorney General Weiser first affirmed his office’s commitment to workplace DEI initiatives on July 19, 2023, when he signed a joint letter to Fortune 100 companies from 21 Democratic attorneys general, reassuring companies that efforts to recruit diverse workforces and create an inclusive work environment are still legal after the SFFA decision. That letter was issued just six days after a group of 13 Republican state attorneys general published a letter to the same Fortune 100 companies, which threatened “serious legal consequences” for the use of race-based employment preferences and diversity policies.
In an October 4 press release, the Colorado Attorney General’s Office explained that AG Weiser issued the Opinion in an effort “to respond to questions and concerns about the...
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