In June 2024, a 48-page bill was introduced in Congress by Representative Michael Cloud (R-TX), and sponsored by Senator JD Vance (R-OH) “to ensure equal protection of the law,” and to “prevent racism in the Federal Government.” On November 21, the bill passed out of the House Oversight Committee on a party-line vote, 23-17.
The bill’s title? The Dismantle DEI Act of 2024.
This act’s mission, as it’s written, is threefold:
- Enact a comprehensive effort to end all DEI-related activities within federal agencies.
- Prevent companies seeking federal contracting and grants from using DEI mandates.
- Ensure that federal accreditation bodies prioritize merit and qualifications over identity-based quotas.
According to those who authored the bill, it seeks to target the “wasteful and discriminatory practices” of 80 agencies that have created over 500 DEI and equity programs. These 500 actions have been compiled into a document by Do No Harm, an outside advocacy group seeking to assist with the dismantle. The end goal is to return to a colorblind, merit-based system in our taxpayer-funded institutions.
If such a system is even possible, I don’t know.
What does it all mean?
The legislation is an eye opener, and while it’s more related to the public sector, the private sector must have this on their radar. If the bill passes, it will affect the sentiment of efforts and programming in the corporate world too.
One thing that stands out to me is the federal government’s seeming use of fear, confusion and uncertainty—combined with very nuanced language—to target individuals, agencies and companies who, in many cases, have been trying to do the right thing by leveling the uneven playing field of the past.
At times, DEI has been imperfect in its execution, but this doesn’t mean that the office itself should be targeted by the privileged, who also haven’t played a perfect game as it relates to corporate evolution.
Most large-cap companies don’t like operating in fear, particularly when it comes to pending legislation. Their actions (or should I say reactions?) trickle down to those who lead small businesses, and collectively, that affects the larger base of employees and nongovernment organizations (NGOs) who align against that purpose. In this case, that purpose is DEI.
The use of language and narrative within this bill is something we should all pay attention to, not necessarily just the headline itself. Each of the three areas where the bill seeks to make an impact are described in such a specific way that it almost takes the teeth out of how effective this act can be even if it’s passed.
- While the bill looks to end all “DEI-related activities,” it doesn’t regulate Equal Opportunity Programs (EOPs) tied to Affirmative Action Plans (AAPs), which are protected under Executive Order 11246. This landmark order, issued in 1965, requires federal contractors to ensure nondiscrimination and take affirmative action in employment practices based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
- While the bill seeks to prevent any DEI mandates from being used by companies pursuing federal contracting and grants, most companies use “targets” as goals in this area, not mandates.
- While the bill’s goal is to ensure that all federal accreditation bodies prioritize merit and qualifications over identity-based quotas, it would be hard to find a U.S. company that uses race or identity-based quotas in this area.
All of these factors lead me to think the purpose of the bill is to cause fear and confusion, not to make an authentic push for real solutions or change in this area.
How can we move forward?
Lindsey Siegel, a culture-first belonging leader in this space—and someone I have collaborated with on this topic—has been studying ways corporations, including her own organization, can adopt safeguards.
Below are 6 ways you can begin to adapt to this act. Begin with the first three, that spell out the acronym DEI, then continue with the next three to help you create a successful program that aligns with today’s landscape.
- Defense Before Offense. Ensure that your overall company, and your DEI practitioner, is prepared to speak on the legality of your DEI or equity program, as well as to answer people’s questions. Because of the wider narrative in the market, it’s important to address the elephant in the room before moving on to discuss the future. Calm everyone down, and get them on the same page.
- Expert Advocacy. Investing in external organizations, NGOs, 501(c)(3)s and others will allow you speak with peers and be part of cross-industry coalitions. In a time such as this, peer support is crucial. While many of your efforts may not be public, it’s important to know what your counterparts are going through and to have safe places for you to move in.
- Internal Communication. Targeted and focused internal communications are critical, to highlight the company’s positive evolutions and changes. Get your key stakeholders into small groups, and start a listserv or regular forum to provide frequent updates and let them know the ship is safe and sailing in the right direction. Also, it’s important to be consistent with the language you use when describing the work.
- Storytelling. Use both colleagues’ personal and the company’s organizational narratives to bring real, authentic, internal stories to life and into the light. This creative technique can be targeted, duplicated and shared to showcase the authentic diversity within your company by showing concrete examples of why difference matters.
- Skill Building. Educating and elevating people on this topic doesn’t need to be time consuming. Not to be confused with DEI training, skill building is a way to help people improve their communication skills, negotiation style and overall understanding of relevant topics, all while leveling up professionally.
- International Equity. Have you ever thought about integrating best practices from your offices around the globe? Equity is looked at in a variety of ways in different countries, so this is an opportunity to take the best and leave the rest.
The attacks on DEI are not only going federal, they are just beginning. But before you severely restrict what is seen by most in an already limited investment into diverse businesses and entrepreneurs, take this time to pivot and evolve, continuing to be the change you want to see—and the change you can be—in corporate America.