Tech Calls on Biden’s DOJ to Defend Diversity in Hiring

GOP attacks private sector D&I efforts

Sep 22, 2023

On Friday, Chamber of Progress sent a letter to the Department of Justice (DOJ) Civil Rights Division, urging the agency to provide the private sector with affirmative guidance that corporate diversity, equity, and inclusion practices in hiring are protected under the law. Following the Supreme Court’s decision to overturn affirmative action practices in higher education, over a dozen Republican attorneys general threatened Fortune 100 companies with legal action for diverse hiring practices.

As Chamber of Progress’s letter notes, the Supreme Court’s decision in June applied only to colleges and universities, while private companies have consistently been held to – and abided by – separate standards for diversity in hiring. 

Read Chamber of Progress’s full letter to the DOJ Civil Rights Division.

“The Republican attack against diversity in the private sector isn’t just legally unsound, it’s bad for business and the American economy,” said Chamber of Progress Legal Advocacy Counsel Jess Miers. “Diverse teams consistently show improved problem-solving, decision-making and creativity, and highly diverse companies consistently outperform their competitors. Diversity is fundamental to equality, and it’s an economic winner.”

From today’s letter:

“While the attack on diverse hiring practices in the private sector may not hold up in court, the reality is that the threat of liability will have a chilling effect on companies’ readiness to develop diversity and inclusion initiatives, regardless of the benefit such practices have for a company’s bottom line.”

“In an effort to debunk partisan attacks on private sector hiring initiatives, we urge [the Department of Justice] to provide guidance to employers expressly affirming their right to pursue diverse hiring practices. It is clear that diversity in the workplace results in more successful businesses and a stronger economy for all Americans.”

Chamber of Progress’s letter to the DOJ also follows an effort from Democratic attorneys general pushing back against Republican claims attacking the lawfulness of diverse hiring initiatives. Attorneys general from seven blue states wrote back to Fortune 100 companies promising to “vigorously oppose” any further efforts to advance diversity in the private sector workforce.


Chamber of Progress ( is a center-left tech industry policy coalition promoting technology’s progressive future.  We work to ensure that all Americans benefit from technological leaps, and that the tech industry operates responsibly and fairly.  

Our corporate partners do not have a vote on or veto over our positions. We do not speak for individual partner companies and remain true to our stated principles even when our partners disagree.