Members of Congress call on companies to retain DEI programs as court cases grind on

A group of Democrats in Congress have appealed to the largest U.S. companies to continue their diversity, equity and inclusion programs, saying such efforts give everyone a fair chance at achieving the American dream.

The 49 House members, led by U.S. Rep. Robert Garcia of California, shared their views in a letter emailed to the leaders of the Fortune 1000. The move follows several major corporations recently stating that they would end or curtail their DEI initiatives.

“Inclusion is a core American value, and a great business practice,” the lawmakers wrote. “By embracing this value, you create safer and fairer workplaces without sacrificing quality or financial success.”

A handful of U.S. companies, including Ford, Harley-Davidson, John Deere, Lowes and Molson Coors, dialed back their DEI initiatives over the summer.

These retreats came in the wake of the U.S. Supreme Court banning affirmative action in college admissions and after conservative activists targeted  prominent American brands over their diversity policies and programs.

DEI policies typically are intended as a counterweight to discriminatory practices. Critics argue that education, government and business programs that single out participants based on factors such as race, gender and sexual orientation are unfair, and the same opportunities should be afforded to everyone.

Opponents have had several legislative and legal victories, and dozens more cases are working their way through the courts.

The lawmakers’ letter states that growing numbers of American consumers spend their money with businesses that champion inclusion and are unlikely to continue supporting companies that they see backing down on commitments to bring people together.

“Continual progress towards more equal policies and benefits decreases the risk that anyone – employees and consumers – will experience discrimination, bias, and other threats to their safety and well-being,” the letter says.

The letter comes on the heels of the U.S. Equal Employment Opportunity Commission announcing that it filed 110 lawsuits in the past year alleging that employers sexually harassed teenagers, discriminated against workers based on sexual orientation and gender identity, engaged in patterns of discrimination, and violated the Pregnant Workers Fairness Act, among other violations.

Meanwhile, lawsuits claiming reverse discrimination may be gaining momentum.

The U.S. Supreme Court recently decided it would hear a lawsuit filed by Marlean Ames, who claims she was discriminated against in her job at the Ohio Department of Youth Services because she was straight.

Federal circuit courts have disagreed over whether to hold reverse discrimination cases to a higher standard. Some have ruled that if a person from a majority group brings a discrimination case, they must show more evidence of discrimination than a person from a minority group who files a similar case.