By Nancy Geenen, MA Ed., J.D.–
After the U.S. Supreme Court decision In June of 2023 to end affirmative action in college admission practices, these companies, Meta (Facebook), McDonald’s, Walmart, Ford, Tractor Supply, Harley Davidson, Lowe’s, John Deere, Amazon, and Target, among others, have completely eliminated, scaled back, or rebranded their Diversity, Equity, and Inclusion (DEI) programs, citing the changing legal landscape as a reason for the shift.
Companies like Apple, Costco, JP Morgan, Microsoft, Goldman Sachs, and e.l.f. Beauty are among those publicly “doubling down” on their DEI commitments, actively defending their DEI programs. These companies are choosing to stand by their policies even when facing shareholder proposals against them.
Since that time, the current administration has taken further steps through executive orders, administrative action, and now litigation to further eliminate programs that businesses use to expand opportunities for people of color, women, immigrants, and LBGTQ+ individuals.
In Missouri v. Starbucks, the Missouri Attorney General seeks to strike down the most common DEI programs that companies use to expand opportunities for these historically marginalized and underrepresented groups. The Missouri suit alleges that the DEI programs are a pretext used by Starbucks to commit unlawful discrimination against “qualified” white male candidates and employees. The activities alleged to be discriminatory include mentorship programs, affinity-based employee resource groups, hiring and promotion quotas for achieving parity in leadership, and executive bonuses tied to achieving company diversity goals.
Finally, the suit alleges that “Missouri consumers are required to pay higher prices and wait longer for goods and services that could be provided for less had Starbucks employed the most qualified workers. In a statement to the press, Starbucks states that its “programs and benefits are open to everyone” and the “hiring practices are inclusive, fair, and competitive and designed to ensure the strongest candidate for every job every time.”
How do we combat these policies as we hunker down in the greater San Francisco Bay Area where our state, city, and county rights are unlikely to be trimmed back?
First, we must remember that we are employers. As employers, we can continue our efforts to create an inclusive and positive workforce. We must explicitly state that we do not discriminate based on age, color, disability, gender identity or expression, marital status, national origin, race, religion, sex, sexual orientation, or veteran status in any of our policies, procedures, or practices and that this anti-discrimination policy covers admission and access to, and treatment, in all programs and activities.
Second, as business owners, we are purchasers of goods and services. We have a choice as to our vendors and suppliers. Best practices suggest that our policy statements must reflect that we are committed to the elimination of discrimination in all areas of our businesses, including access to capital, contracts, procurement, and purchasing.
Finally, we use our pocketbooks to support those businesses and sponsors who stand with us, and we boycott those who don’t. Companies like Target, which has spent resources to build a brand that supports marginalized or underrepresentative communities, are starting to feel the effects of “consumer backlash” for its recent moves to roll-back its DEI initiatives. Our economic power, countrywide, is one of the reasons that companies expanded their efforts to reach our community. Some of us are old enough to remember the boycott of Florida Orange Juice in the 1970s.
As more and more companies seek to avoid shareholder challenges and litigation, we must stand with those who are willing to go the distance for the inclusive and equitable practices that benefit all Americans.
Please support the GGBA as we support our members and sponsors.
Nancy Geenen is the Acting President of the Golden Gate Business Association. She is also the Principal and Chief Executive Officer at Flexibility https://www.flexability.com/
GGBA Message from Leadership
Published on February 27, 2025
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