Anti-DEI Legislation: How We Got Here With Tips to Combat It

Republican lawmakers in more than 30 states have introduced or passed more than 100 bills to either restrict or regulate diversity, equity and inclusion (DEI) work. As a result, corporate America has been more hesitant to audibly promote DEI and has instead begun to embed DEI into corporate culture and leadership initiatives. Most organizations believe in staying firmly committed to DEI, yet it can feel polarizing with legal fears and concerns often overriding those good intentions.

How Did We Get Here?

I spoke with Wendy Davis, author of the book The Fight You Don’t See, which chronicles her journey running for political office in Utah. “Rarely are these state laws original,” she says. “Some conservative organizations create templated legislation that red states can pass on issues ranging from LGBTQ+ rights to anti-DEI education bills. This has proven to be an effective strategy as recent national abortion rights and affirmative-action rulings have punted legislation back to states.”

Davis further stated, “The “anti-DEI Bill” in Utah says you are not allowed to say the words ‘diversity, equity and inclusion.’ Any public entity, state agency or higher education [institution] funded by the government cannot have DEI training programming, awards recognition or other perceived discriminatory treatment towards historically marginalized groups.”

What’s The Difference Between Equity vs. Equality?

Davis indicated one of the challenges with the current political climate is looking at equitable policy versus equal treatment. When people are at different starting points, whether that’s income, housing, education or healthcare status, their needs are different. Rather than treat everyone the same, it’s more about meeting people where they are and providing the level of support they need. There’s a reason the E in DEI stands for equity, not equality. If we treat everyone the same, we get more of the same, which is the status quo. When we treat people differently based on their individual or group needs, we are more likely to level the playing field for everyone to participate, which benefits the collective whole.

“A lot of the reason for the anti-DEI legislation is fear—fear of missing out. There are power structures in our lives—religion, corporations and government. Who has control over these resources and how they are divided is telling. The truth is we are not all equal because of the systems of oppression and policies.” Resources are overwhelmingly consumed by the dominant group, leaving historically marginalized groups with less access to education, healthcare and housing resources. This perpetuates the status quo without the resources and ability to improve their lives, perpetuating systemic racism, sexism and homophobia.

What Can Corporate America Do?

“Business will lead the way on DEI, not the government,” Davis said. Given this fraught political landscape, organizations can make their commitments clear on the issues they stand for, especially if they operate in a particularly hostile anti-DEI state. It’s imperative that organizations speak up and use their power for social good by talking proactively with lawmakers and lobbyist groups about the issues that matter to their employees.

Davis explained, “The problem right now is that people with power are angry and resentful about diversity. They perceive [that] other people did not earn their success; they only got promoted or hired because of their identity. There is even a phrase being used that DEI stands for ‘Didn’t Earn It.’”

Corporate America has an obligation to support the interests of their employees, customers and community members. Most Americans are pro-DEI. It’s important that organizations amplify pro-DEI efforts. Those activities could range from participating in Pride celebrations for the LGBTQ+ community to supporting employee resource groups (ERGs) on issues affecting historically marginalized groups or addressing systemic policy issues (paid leave, accessibility, pay equity) within the walls of the organization.

As Davis predicts, the private sector, rather than the public sector, is likely to lead the way on DEI in the future. It’s time for corporate America to take the lead.

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This post was previously published on Forbes and is republished on Medium.

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