Presidential Action Reinforces DEI’s Mandate

When implemented effectively, DEI has consistently driven business growth, innovation, and employee engagement over the past twenty years. This success is achieved by staying true to eliminating discrimination and promoting meritocracy, removing barriers so all employees can reach their full potential.

When examined in detail, the presidential action regarding ending illegal discrimination and restoring merit-based opportunity reinforces that our work is on the right track.

?Section 1. Purpose.

Using demeaning or immoral race and sex-based preferences is the opposite of what our DEI efforts promote. We advocate and stress the importance of individual merit, aptitude, hard work, and determination when selecting people for jobs and/or promotions as the most important criteria.? Our goal in DEI has always been to support ending illegal preferences and discrimination against anyone in the workplace. If some DEI programs are doing work that violates these principles, I agree that is not the purpose of our work, and it should not continue.

Companies that eliminate discrimination against anyone in the workplace and base opportunities on merit without favoritism toward any group (be it an underrepresented group or a group that mirrors those in power) will reap the benefits of the natural diversity of our workforce. They will better understand their clients/customers, who are diverse like those in their workforce and be better able to serve them, increasing sales and their bottom line. When promotions and hiring are based on merit and hard work, we naturally see greater diversity in senior leadership teams, and there is no need for intervention.? The best DEI efforts focus on eliminating discrimination and promoting meritocracy by removing its barriers.

Section 2. Policy.?

If as stated, this is the policy, there should be no more attempts at litigation for DEI efforts in the corporate sector that also protect the civil rights of all Americans and promote individual initiative, excellence, and hard work. In the DEI field, we must be clear and transparent, ensuring everyone understands that we are not engaging in any discriminatory practices or implementing illegal private-sector DEI preferences, mandates, policies, programs, or activities. Given our goal is for everyone to work to their full potential and be free from discrimination, there is no conflict. If a company instituted quotas for hiring to increase diversity or bonuses based on the diversity of a team, these practices must be discontinued as they are neither appropriate solutions nor legally permissible. This is not a change but an important reminder to ensure that your DEI efforts remain aligned with their purpose of supporting all employees. This does not negate the fact that diverse teams produce superior results, a proven benefit that is vital for companies aiming to drive innovation and increase EBITDA—a correlation also demonstrated by research. Increasing team diversity is not achieved through quotas but by fostering a culture that welcomes and supports everyone while providing development opportunities for all employees to reach their full potential.

“It is the policy of the United States to protect the civil rights of all Americans and to promote individual initiative, excellence, and hard work.? I therefore order all executive departments and agencies (agencies) to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.? I further order all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”

Section 3. Terminating Illegal Discrimination in Federal Government

This includes eliminating language that supports inclusion of minorities and low-income populations, reversing executive orders from 1994 through the present and ending affirmative action within the federal government. Corporate DEI leaders need to review these, but they do not change our work. There has been a politicization of the language of DEI, along with the fear that affirmative action takes away from the opportunities for the currently dominant group. The CEO of the federal government has the right to make these changes, and he has, so while eliminating these executive orders will hurt all Americans in our view, we will not comment further on these at this time.

Section 4. Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences

As mentioned above, since most DEI efforts in the private sector are following the guidelines laid out in sections one and two and promoting those guidelines, this appears to be an exercise in rooting out the few companies that have programs with exceptions or violations of the basic principles of DEI. We fully support informing the President of illegal actions and ensuring they are stopped. However, it is important to note “measures to encourage the private sector to end illegal discrimination and preferences, including DEI,” highlights a continued misunderstanding of DEI. The purpose of DEI is to eliminate discrimination and preferences, not perpetuate them.

Section 5. Other Actions

This section addresses fair admissions and loans in Higher Education based on President and Fellows of Harvard College, 600 U.S. 181 (2023).? We are already seeing the impact of this decision and unfortunately, we will not see the full implications for generations.? One note is that it is narrow minded to assume that DEI is about race/gender as it is portrayed in the media and in this Presidential Action. Diversity includes socioeconomic diversity, and it would be valuable to address the growing economic divide by implementing measures, starting with reforms to our educational system, which remains inaccessible to those without strong financial resources.

Sections 6-8 deal with severity, scope and provisions and are less relevant to this article.

This presidential action, while framing DEI as the issue, misses the fact that DEI aligns with the proposed initiative as the solution.

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