Tennessee's chief legal eagle Jonathan Skrmetti is leading a two-dozen-state charge against a proposed federal regulation that they're claiming flouts the law by pushing a diversity agenda in apprenticeship programs. According to a recent announcement from the Tennessee Attorney General's office, Skrmetti and his counterparts are taking aim at the Department of Labor (DOL) over its plans to infuse diversity, equity, and inclusion (DEI) into the National Apprenticeship System.
The AGs' beef is with the federal government's role in what they view an attempt to enforce racial discrimination through new policy. "Americans fought for generations to ensure that people would not be treated differently because of the color of their skin, and the proposed DOL apprenticeship rule flies in the face of those hard-earned laws," Skrmetti said. They argue that no American should miss out on an opportunity on account of their race, pushing back against the rule that would see program sponsors, State Apprenticeship Agencies (SAA), and participating employers design strategies to “recruit, train and retain” individuals based on racial demographics.
In a detailed public comment letter sent to the DOL, the AGs outlined how the proposed DEI regulations could contravene the Constitution's Equal Protection Clause, run afoul of Title VII and related civil rights laws, and sidestep the Supreme Court's directives on indirect policy implementation. The collective of states asserts that the DOL's proposed rule would do nothing to safeguard the welfare of apprentices but instead would create a system of preference based on skin color.
The proposed rule is also accused of imposing new, race-based oversight and data collection requirements, leading to a form of government-sanctioned discrimination. The AGs claim that such measures would exceed the scope of the agency's Spending-Clause authority and dismantle the framework of equality that has long been the ideal in America. Joining Tennessee in this aggressive pushback are states ranging from Alabama to West Virginia, spanning the heartland and the south, many of which hold a reputation for skepticism towards federal mandates on social policy.
The outcome of this legal scuffle could have ramifications on how apprenticeship programs are administered throughout the nation and will likely be a bellwether for the fate of DEI initiatives at the federal level. As the dialogue unfolds, eyes from both sides of the ideological spectrum are following closely, and precedent-setting decisions could be on the horizon.
