“Illegal DEI vs. Legal DEI”

It is the clear that both executive orders as written, are attacking “illegal DEI” and “DEIA” programs, policies and practices that violate federal anti-discrimination and civil rights laws, not DEI programs that are “legal” and follow best practices to expand equal access, remove barriers to equal opportunity, and prevent discrimination.

The executive orders cannot and do not prohibit legal DEI practices and policies and are also protected by First Amendment free speech.

Any public or private sector organization that is providing preferences for a demographic group under a protected class (e.g. race/ethnicity, gender), or mandating quotas for a protected class in any way, (unless under court order) violates federal anti-discrimination and civil rights laws, and is not operating a DEI program, instead they are operating an illegal discrimination program, and should cease immediately.

DEI programs that are designed using evidenced-based best practices are legal under federal and state civil rights laws, and current legal precedents. Current relevant caselaw indicates explicit hiring quotas or making employment decisions based on a protected class (e.g. race/ethnicity, gender) violate Title VII of the Civil Rights Act of 1964 and the 14th Amendment Equal Protection Clause.

There is no court decision that has declared DEI best practices to be inherently illegal. DEI best practices are necessary to promote fair and inclusive workplaces that measure and monitor equal opportunity, favoritism, meritocracy, and potential discrimination.

If you don’t have data, all you have is an opinion.