A coalition of 24 states led by Tennessee is opposing a new rule proposed by the Department of Labor (DOL) aimed at integrating diversity, equity, and inclusion (DEI) principles into the National Apprenticeship System.
Led by Tennessee Attorney General Jonathan Skrmetti, the attorneys general in a March 18 letter contend that the rule fosters racial discrimination.
“The Proposed Rule deviates from the statutory purpose of safeguarding the welfare of apprentices and builds on existing regulations to further entrench an apprenticeship regime dedicated to picking winners and losers based on the color of apprentices’ skin,” the letter states.
The National Apprenticeship System provides taxpayer money to state sponsors, employers, and other entities so that hundreds of thousands of Americans can take advantage of apprenticeships.
“That money is not to be used for racial discrimination,” the letter argues. “And yet, the proposed DEI plan would effectively require program sponsors, State Apprenticeship Agencies (SAA), and participating employers to treat people differently based on the color of their skin.
“It would also require such entities to develop a strategy to ‘recruit, train and retain’ individuals with certain racial demographics in order to qualify for taxpayer money.”
The co-signing states are Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and West Virginia.
The letter further criticizes race-based oversight and data collection measures as evidence of mandated racial discrimination by the government.
In an announcement of the rule proposal in late 2023, the Labor Department said the changes would enhance and modernize the apprenticeship program.
“Equity and job quality have marked the most successful Registered Apprenticeship programs for workers and employers alike. This proposed rule codifies the Department of Labor’s strong commitment to these principles,” said Acting Secretary of Labor Julie Su at the time.
“Importantly, the proposed changes will also provide strong worker protections, improved employer experiences, and greater clarity about the roles of federal and state governments and their partners in the National Apprenticeship System.”
Mr. Skrmetti says his stance against the rule is rooted in the belief that opportunities should be merit-based and devoid of racial or identity-based bias.
“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,” Mr. Skrmetti said.
“We should not let race-obsessed ideology interfere with an important and successful apprenticeship program. No American should be deprived of an opportunity because of their race.”
According to the Department of Labor, the proposed rule aims to increase equity by focusing on recruitment and retention from “underserved communities”—a term the states argue is code for race-based decision-making.
Per the rule proposal, underserved communities include “women; Black, Latino, and Indigenous and Native American persons; Asian Americans and Pacific Islanders; other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.”
The states argue that this violates the Constitution’s Equal Protection Clause and the Civil Rights Act.
The multi-state coalition’s challenge to the DOL’s proposal underscores the amount of contention in the ongoing national debate over the role of DEI initiatives.
The public comment period on the proposed rule ended on March 18.
