Attorney General Todd Rokita is leading a 22-state effort in support of the U.S. Department of Labor’s proposed rule to rescind long-standing regulations that require discriminatory affirmative action plans for federal contractors.
In a letter sent this week, Attorney General Rokita argues that DOL’s current affirmative action requirements are clearly unconstitutional under the Fifth Amendment’s equal protection guarantee and in light of the United States Supreme Court’s decision in Students for Fair Admissions v. Harvard.
“The federal government has no right to mandate affirmative action plans that prioritize ideology over merit,” said Attorney General Rokita. “These regulations promote unlawful discrimination, undermine true equal opportunity, and needlessly burden employers. Federal contractors should hire based on skill and experience, not political agendas.”
DOL’s proposed rule advances the objectives of President Trump’s executive order — titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” — in which he ordered the federal government to end discriminatory DEI practices, like affirmative action programs and arbitrary workforce balancing based on race and sex for federal contractors.
In addition to noting that these DEI practices being harmful to society and bad policy, the comment letter argues that the executive branch did not have the statutory authority under federal law to mandate affirmative action requirements on federal contractors in the first place.
“The Department of Labor’s move to eliminate these burdensome affirmative action mandates is a step toward fairness,” Attorney General Rokita added. “Thanks to President Trump’s leadership, we’re once again restoring common sense and ensuring federal contractors can focus on merit-based hiring, free from discriminatory practices based on race or sex.”
This effort builds on Indiana’s leadership. Last month, Attorney General Rokita, in coordination with Governor Mike Braun, announced that all state contracts now must include revised language that makes clear that contractors must not pursue DEI initiatives that treat people differently on the basis of race or sex.
Read the letter here.
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