Workplace DEI Programs Still Legal Under Federal Law, Opines Colorado AG

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  • Colorado AG Phil Weiser issued a formal legal opinion asserting that workplace diversity, equity, and inclusion programs are not unlawful following a recent Supreme Court decision in Students for Fair Admissions, Inc. v. Harvard College that ruled that race-conscious admissions programs at colleges and universities violate the U.S. Constitution and Title VI of the Civil Rights Act.
  • In the opinion, AG Weiser explains the holding in Students for Fair Admissions did not address workplace DEI programs, which are governed by Title VII of the Civil Rights Act, and further relied on caselaw developed in the specific context of university admissions programs.
  • AG Weiser’s opinion states that employer DEI programs remain valid under federal law and emphasizes that it is unlawful under Title VII, both before and after the Supreme Court’s decision, for an employer to discriminate against individuals based on race, color, religion, sex, or national origin when making hiring decisions.
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