Lawsuit seeks to end racial discrimination in public service appointments

Little Rock, AR; March 25, 2025: Do No Harm and the Foundation Against Intolerance & Racism (FAIR) filed a federal lawsuit today challenging two Arkansas laws that mandate race quotas in gubernatorial appointments to state licensing boards.  

“Arkansas cannot disqualify individuals from public service because of their race,” said Jeff Jennings, an attorney at Pacific Legal Foundation. “Courts have repeatedly struck down race-based appointment mandates as unconstitutional, and Arkansas should be no different. Public service should be based on qualifications, not immutable characteristics.”

The laws require that at least one member of the boards be chosen on the basis of race. Do No Harm and FAIR are challenging the racial mandates to the Occupational Therapy Examining Committee and the Arkansas Board of Examiners in Counseling. Both organizations have members who are disadvantaged in serving on the Arkansas state boards because of their race.  

Challengers Facing Discrimination: 

• Member A* — An Arkansas resident who meets all qualifications for appointment to the Occupational Therapy Examining Committee. However, because Member A is not a racial minority, Member A faces a disadvantage due to the racial quota. Member A is a member of Do No Harm, a national organization of medical professionals fighting identity-based politics in healthcare.
    

• Member B* — An applicant qualified for a public representative seat on the Counseling Board. Despite meeting all criteria, Member B is disadvantaged in the selection process because Member B is not a racial minority. Member B is a member of the Foundation Against Intolerance & Racism, a nationwide nonprofit that advocates for all people denied equal protection and free speech.  

Arkansas is not alone. Across 25 states, similar quotas restrict service on public boards. Last year, Pacific Legal Foundation successfully challenged a gender quota on Iowa’s Judicial Nominating Commission, setting a national precedent for dismantling discriminatory mandates. But the fight isn’t over. With similar cases in Louisiana, Minnesota, Alabama, Montana, North Carolina, South Carolina, and Tennessee, PLF is committed to ending these discriminatory mandates in every state where they exist — until public service is based on merit, not group identity.

The case is Do No Harm, Foundation Against Intolerance and Racism v. Governor Sanders, filed in the U.S. District Court for the Eastern District of Arkansas. Do No Harm and FAIR are represented by Pacific Legal Foundation free of charge.

*The plaintiffs are identified as Member A and Member B to maintain their privacy.