This month, Colorado Attorney General Phil Weiser issued a formal opinion announcing that businesses in the state may freely implement “Diversity, Equity, and Inclusion” (DEI) programs. The formal opinion asserts that the US Supreme Court’s decision in the Students for Fair Admission (SFFA) case—which struck down racial preferences at Harvard College and the University of North Carolina—doesn’t change anything about these programs.
But that’s not quite right. The decision handed down to UNC and Harvard did reinforce certain limits on race-based programs, even within the private sector.