A US senator confronted 10 of the largest staffing firms, saying he’s concerned they could be excluding “non-diverse” candidates.

Sen. Tom Cotton, R-Arkansas, announced Jan. 11 that he sent letters to the top executives at the staffing firms saying that complying with diversity, equity and inclusion mandates may violate federal law. Cotton alludes to “troubling reports” that staffing firms are conspiring with other companies to exclude “non-diverse” candidates.

“Investment firms like BlackRock are putting heavy pressure on corporations to racially discriminate in the name of ‘diversity’ when hiring,” Cotton wrote in his letter.

The 10 firms and executives that Cotton sent the letters to are:

• Constantine Alexandrakis, CEO, Russell Reynolds Associates
• M. Keith Waddell, president and CEO, Robert Half International Inc.
• Traci L. Fiatte, CEO, Randstad North America
• Jonas Prising, chairman and CEO, ManpowerGroup Inc.
• Gary Burnison, CEO, Korn Ferry
• Peter Quigley, president and CEO, Kelly Services Inc.
• Krishnan Rajagoplan, president and CEO, Heidrick and Struggles International Inc.
• Edilson Camara, CEO, Egon Zehnder
• Ben Williams, CEO, Spencer Stuart
• Aileen Alexander, CEO, Diversified Search Group

SIA has reached out to the firms to which Cotton sent the letter.

Egon Zehnder noted that it recently released a blog on how criticism of corporate DE&I initiatives are misplaced.

“To me, it seems clear that the questions raised by DEI critics present potential opportunities for innovation, not deletion,” Cynthia Soledad, who co-leads Egon Zehnder’s DEI practice, wrote in the post. “If we can apply the inclusive leadership practice of engaging in dialogue and open debate so we can see the issue from all sides, the practices will get better.”

Here’s the full text of Cotton’s letter:

“I write regarding your firm’s recruitment practices. My office has received troubling reports that recruiting firms are conspiring with companies to exclude ‘non-diverse’ candidates from the hiring pool.

“Investment firms like BlackRock are putting heavy pressure on corporations to racially discriminate in the name of ‘diversity’ when hiring. Workforce diversity metrics can affect companies’ access to capital, as investment firms are punishing companies with low ‘Diversity, Equity, & Inclusion’ (‘DEI’) scores. But after the Supreme Court’s recent ruling on affirmative action, DEI initiatives are coming under new scrutiny, so employers are increasingly outsourcing the dirty work of diversity discrimination to recruiting firms like yours.

“Compliance with DEI mandates may violate federal law. Title VII of the Civil Rights Act, for example, prohibits private employers from basing hiring decisions on race. A member of the U.S. Equal Employment Opportunity Commission has warned that ‘diversity programs pose both legal and practical risks for companies.’ Race-based hiring policies are being challenged in court, and you can be assured that corporate DEI initiatives that discriminate based on race will soon suffer the same fate as affirmative action in academia.

“Recruitment firms like yours should be mindful that you are also subject to anti-discrimination laws. The EEOC warns that ‘an employment agency is prohibited from discriminating against its own employees, as well as in its referral practices.’ I encourage you, both for your own sake and for the sake of your clients, to refuse any request to racially discriminate in recruiting practices.”