Texas Employers: The Texas Attorney General issued an opinion on January 19, 2026 (Martin Luther King Day) regarding the legality of DEI initiatives in the private sector.
While not legally binding, courts and other agencies in Texas (and potentially elsewhere) may view it as persuasive authority when considering the impact of a private employer’s DEI practices. The opinion does not deem DEI programs per se unlawful, but warns that practices such as demographic hiring or representation goals, diverse-slate requirements, DEI-linked compensation metrics, identity-based programs, supplier diversity initiatives, and certain types of trainings, may create exposure under the federal anti-discrimination law (Title VII), the State’s Human Rights Act, and even potentially under applicable securities laws in certain circumstances.
The opinion is a reminder to all employers (and especially those with Texas employees) to proactively and periodically review all DEI policies and practices to ensure they are compliant with all applicable laws. You can read the full opinion here: Attorney General Opinion No. KP-0505