Organized campaigns against corporate DEI programs scale up

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Following the Supreme Court's ruling on race-conscious college admissions, organized social media and shareholder campaigns press companies to drop diversity, equity, and inclusion programs.

Social media campaigns and shareholder proposals press companies to end diversity, equity, and inclusion programs. The Supreme Court’s June 2023 ruling on race-conscious college admissions does not apply to private employers, but opponents of corporate DEI programs invoke it in pressing companies to change course, and the 2023 proxy season sees a marked rise in shareholder proposals opposing such programs. From mid-2024, campaigns organized on X by activist Robby Starbuck target individual firms including Tractor Supply, John Deere, Harley-Davidson, and Lowe’s, several of which announce changes to their diversity commitments.

What Is Not Established Here

This entry previously stated that the ruling “is subsequently cited by several companies as the stated basis for revising their own policies.” No cited source supports that. The slip opinion cannot, and the CNN piece does not mention the Supreme Court at all. What the sources do establish is weaker and differently shaped: the ruling emboldened opponents of corporate DEI, who invoked it against programs it did not legally reach. Whether any particular company gave it as its own reason is not established here.

A truth-social platform link was also removed. The CNN source describes Starbuck’s campaigns as organised on X — “Truth Social” appears nowhere in it, and no other cited source mentions the platform.

Sources

  1. 01.

    Supreme Court of the United States. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181. (2023). Slip opinion issued 29 June 2023, No. 20-1199, holding the Harvard and UNC race-conscious admissions programs unconstitutional under the Equal Protection Clause. Cited only for the holding and its date. The opinion concerns university admissions and does not address private employers, so it is not the source for anything about corporate DEI policy; for that, see the Harvard Law School Forum analysis below.

  2. 02.

    Meyersohn, N. (2024). Robby Starbuck, the right-wing activist riding a wave of opposition to DEI in corporate America. CNN Business. Published 28 August 2024. Source for the campaign method and for the named companies: Starbuck targeted 'Harley-Davidson, Tractor Supply Co. and John Deere' and 'has also claimed credit for Brown-Forman and Lowe's internal announcements in recent weeks to scale back some of their diversity and inclusion programs.' The piece does not mention the Supreme Court, affirmative action, or shareholder proposals.

  3. 03.

    Bell, D. A. & Llewellyn, R. C. (2023). What's Next for Diversity Shareholder Proposals. Harvard Law School Forum on Corporate Governance. Posted 8 October 2023. Source for the shareholder-proposal channel: the 2023 proxy season 'saw a significant increase in the number of so-called anti-ESG proposals submitted for annual meetings, including shareholder proposals opposing DEI initiatives', sometimes in facially neutral language. Also the source for how the admissions ruling carried into corporate practice — that after Students for Fair Admissions, 'opponents of DEI programs may become more emboldened to increase their attacks on such programs by contending that they violate anti-discrimination laws', and that in July 2023 thirteen attorneys general wrote to Fortune 100 CEOs. Note that this is the mechanism as described by corporate-governance counsel, not a claim that companies cited the ruling as their stated basis.

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2023
Organized campaigns against corporate DEI programs scale up
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