Rokita to deny state contracts to law firms that use DEI practices

Indiana Attorney General Todd Rokita unveiled a new anti-DEI policy on Thursday, this time seeking to prevent any outside law firm representing the state from engaging in “unconstitutional” diversity, equity and inclusion practices.

Starting Oct. 24, the policy will allow Rokita to block a state agency’s request for outside counsel if the law firm engages in discriminatory practices.

“The executive branch of Indiana state government is leading the charge against the radical left’s woke DEI agenda, which undermines our constitutional principles and divides Hoosiers with race-obsessed schemes,” Rokita said in a written statement. “This policy is a firewall to protect our state’s legal representation, ensuring that law firms reject divisive ideologies and uphold the meritocracy and fairness that reflect the values of hard-working Hoosiers.”

According to Rokita, prohibited practices that law firms might engage in include:

• Using race or sex to make hiring, promotion or disciplinary decisions
• Forcing employees into trainings that “push racial or sex-based stereotypes, indoctrinating workers with divisive narratives.”
• Participating in programs that impose diversity quotas, like the Mansfield Certification.
• Setting diversity preferences, targets or set-asides that prioritize identity over qualifications.
• Operating DEI fellowships, offices or committees that promote race or sex-based classifications

Rokita’s office did not immediately respond to The Indiana Lawyer’s request for more detail on what might constitute a barred practice. For instance, would law firms with a chief equity officer or diversity partner be prohibited from obtaining a state contract?

According to the announcement, the policy only applies to new contracts made following its implementation and does not affect previously approved contracts.

Limited exceptions could be permitted by Rokita’s office, the policy states, but that would be on a case-by-case basis.

Thursday’s announcement builds on other movements against DEI by Rokita and Indiana Gov. Mike Braun this year.

In January, Braun issued an executive order barring state agencies from engaging in DEI initiatives. And in July, Rokita introduced a new policy prohibiting any state contractor from engaging in DEI practices.

The full policy guidelines can be viewed here.