Sharpen Your FOCUS: Perspectives on Workplace Diversity 

Two Senate Republicans introduced a bill that, if passed, would effectively eliminate diversity, equity, and inclusion in the federal government. The bill is appropriately named “the Dismantle DEI Act.”

The bill would rescind specific Executive Orders related to DEI issued by President Biden:

• Executive Orders 13985 and 14091, relating to advancing racial equity and support for underserved communities
• Executive Order 13988, relating to preventing and combatting discrimination in the basis of gender identity or sexual orientation
• Executive Order 14020, relating to the establishment of the White House Gender Policy Council
• Executive Order 14031, relating to advancing equity, justice, and opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders
• Executive Order 14035, relating to DEI and accessibility for federal workers

Notably absent from this list is Executive Order 11246, which requires federal contractors and subcontractors to take affirmative action to recruit females and minorities. However, the bill proposes to preclude federal contracts from being performed where a prohibited DEI practice is being used.

The Dismantle DEI Act, if enacted, would generally prohibit the following “DEI practices” by the federal government and federal contractors:

• Discriminating in favor of or against any person on the basis of race, color, ethnicity, religion, biological sex, or national origin.
• Any requirement that an employee undergo training, education, or coursework, or other “pedagogy,” asserting that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged. These requirements may not be imposed as a condition of employment, for promotion or advancement, for making a presentation, or for submitting written materials.
• Any requirement that an employee sign or assent to a statement, code of conduct, work program, plan, or similar device asserting that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged. These requirements may not be imposed as a condition of employment, for promotion or advancement, for making a presentation, or for submitting written materials.

(The above is from the bill, edited for readability.)

The Dismantle DEI Act would also require all federal agencies to shut down their DEI offices. The Office of Personnel Management would have to close its Office of Diversity, Equity, Inclusion and Accessibility, and no federal funds could be used to further DEI efforts.

The bill would allow a private right of action with violators being liable for at least $1,000 per violation per day.

The bill is unlikely to become law any time soon because Democrats currently control the Senate, and even if it were to pass both Houses of Congress, President Biden would surely veto it. However, the proposed legislation could be revived depending on the results of the November elections.

In any event, this bill is a reminder that many DEI-related initiatives are being targeted, as many believe DEI perpetuates the opposite of its intended goals. For example, Rep. Michael Cloud (R-TX) claims that DEI initiatives “foster division and racial bias within our institutions and culture.”

Employers and organizations that maintain DEI policies or initiatives should be proactive to ensure that those policies and initiatives are non-discriminatory in words and effect.  

For guidance or assistance in this area, please contact a member of our DEI Practice Group.