The Disbandment of the DEI Act of 2024 Has Commenced. Crucial Information and Six Strategies for Triumph

The Disbandment of the DEI Act of 2024 Has Commenced. Crucial Information and Six Strategies for Triumph

In June 2024, a 48-page bill was presented in Congress by Representative Michael Cloud (R-TX) and supported by Senator JD Vance (R-OH), titled the "Dismantle DEI Act of 2024." This bill aimed to "ensure equal protection of the law" and "prevent racism in the Federal Government." On November 21, the bill was approved by the House Oversight Committee on a party-line vote, with a final tally of 23-17.

The main goals of this act, as stated, include:

1. Eliminating all DEI initiatives within federal agencies.
2. Preventing businesses pursuing federal contracts and grants from enforcing DEI mandates.
3. Prioritizing merit and qualifications over identity-based quotas in federal accreditation bodies.

Authors of the bill argue that it is designed to combat the "wasteful and discriminatory practices" of 80 agencies which have implemented over 500 DEI and equity programs. The traditional advocacy group "Do No Harm" compiled this information to facilitate the dismantling of these programs. The ultimate aim is to revert back to a merit-based, colorblind system within our publicly funded institutions.

However, whether this system can be achieved remains in question.

What's the significance?

This legislation not only impacts the public sector but also highlights potential effects on the private sector. If the bill is signed into law, it could shape the perspectives and initiatives within the corporate world.

One intriguing aspect is the federal government's usage of fear, disorientation, and subtly manipulative language to target agencies, businesses, and individuals who have frequently attempted to eliminate existing disparities in the workplace.

Although DEI has faced flaws in execution, this doesn't necessarily mean that the office itself should be targeted by the privileged, many of whom have themselves produced less than perfect outcomes in corporate evolution.

Corporations, especially large-cap entities, are generally averse to operating in a state of trepidation, particularly vis-a-vis potential legislative developments. Consequently, their responses (or actions, to be precise) trickle down to leaders of small businesses, ultimately impacting the larger workforce and non-governmental organizations (NGOs) which support DEI initiatives.

The language and narrative employed within this bill merit our attention, not merely the headline itself. Each of the three sections where the bill seeks to instigate change employs finely-tuned language which almost diminishes the real-world impact this act could have if enacted.

1. The bill attempts to end all "DEI-related activities," however, it does not regulate Equal Opportunity Programs (EOPs) tied to Affirmative Action Plans (AAPs), protected under Executive Order 11246.
2. The bill aims to prevent DEI mandates from being used by businesses seeking federal contracts and grants, but most companies adopt "targets" as goals, not mandates.
3. The bill aims to ensure that all federal accreditation bodies prioritize merit and qualifications over identity-based quotas, but it is challenging to find a U.S. business that uses race or identity-based quotas in this area.

These factors lead me to speculate that the purpose of the bill is not to establish effective solutions but to sow fear and confusion in the target audience.

How can we navigate forward?

Lindsey Siegel, a culture-first belonging leader in this field, and someone with whom I have collaborated on this topic, is researching ways corporations, including her own organization, can implement safeguards.

Here are 6 ways you can initiate the adaptation process, commencing with the first three that correspond to the acronym DEI and concluding with additional measures to create a successful program that aligns with present-day realities:

1. Diversity: Establish a diverse recruitment and hiring strategy.
2. Equity: Make adjustments to ensure equal opportunities and protect underserved groups.
3. Inclusion: Foster an inclusive work culture that emphasizes unity and belonging.
4. Belonging: Encourage employees to share their unique perspectives and develop a sense of shared responsibility.
5. Education: Regularly educate colleagues about overlooked discrimination and biases within the organization.
6. Accountability: Implement procedures to hold individuals and departments accountable for fostering a positive working environment and eliminating discriminatory practices.
7. Preparation Before Response. Ensure that your company and your DEI specialist are well-equipped to discuss the legalities of your DEI or equality program, and to answer any questions that may arise. Given the current market perception, it's crucial to tackle any potential concerns before moving on to future discussions. Calm the situation and ensure everyone is on the same page.
8. Expert Collaboration. Investing in external organizations, NGOs, 501(c)(3)s, and others will provide you with a platform to engage with peers and join cross-industry alliances. In these challenging times, peer support is vital. While many of your actions may remain private, it's essential to understand the experiences of your counterparts and have safe spaces to navigate.
9. Internal Dialogue. Strategic and concentrated internal communications are vital to showcase your company's positive advancements and transformations. Gather your key stakeholders in small groups and establish a regular listserv or forum to provide frequent updates, reassuring them that the ship is steady and sailing in the right direction. Consistency in your choice of language is also key.
10. Narrative Sharing. Utilize both personal and organizational narratives to bring genuine, authentic stories to light. This creative approach can be targeted, duplicated, and shared to highlight the diversity within your company, using concrete examples to illustrate why diversity matters.
11. Skill Enhancement. Elevating and educating individuals on this topic doesn't have to be time-consuming. It's important to distinguish this from DEI training, as skill building aims to improve communication skills, negotiation styles, and understanding of relevant topics, all while fostering professional growth.
12. Global Equity. Consider incorporating best practices from your global offices. Equity is perceived differently in various countries, providing an opportunity to apply the best practices and discard the rest.

The assault on DEI is not limited to federal levels; it's just getting started. However, before you significantly limit visibility into diverse businesses and entrepreneurs, use this time to adapt and evolve, continuing to be the change you wish to see and the change you can be in corporate America.

1. Michael Cloud, the author of the "Dismantle DEI Act of 2024," and his supporter JD Vance argue that the bill is a response to the "wasteful and discriminatory practices" of 80 agencies that have implemented over 500 DEI and equity programs, a stance that gains support from Donald Trump.
2. Elon Musk, a tech CEO, has voiced his concern about the potential impacts of the bill on the private sector, expressing fear that it could hinder efforts to promote diversity, equity, and inclusion (DEI) within corporations.
3. JD Vance and other proponents of the bill claim that it aims to revert back to a merit-based, colorblind system within publicly funded institutions, a stance that is met with criticism from advocacy groups like "Do No Harm" and DEI specialists like Lindsey Siegel, who believe that it could sow fear and confusion in the target audience.

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