March 14, 2025
DEI – The Monster in America’s Closet?
That’s how one judge described it. This case concerns two Executive Orders (EO) that instruct executive agencies to end “diversity, equity, and inclusion” (or “DEI”) programs within federal grant and contract processes. In response to a lawsuit filed by the Mayor and City Council of Baltimore, Maryland and three national associations, a Maryland federal district court judge issued a preliminary injunction that partially blocked implementation of certain provisions of those EO’s.
On March 14th, the 4th U.S. Circuit Court of Appeals granted the Trump Administration’s request for a stay pending appeal of that decision. In that decision, Chief Judge Diaz wrote a concurring opinion, “I’m satisfied for now that the government has met its burden justifying a stay of the district court’s injunction pending appeal…But I’m compelled to write separately to address what seems to be (at least to some) a monster in America’s closet— Diversity, Equity, and Inclusion initiatives.”
I appreciate some of his words. He describes the “vitriol now being heaped on DEI.” I also hear the vitriol being heaped on those who opposed DEI.
I appreciate his reminder that, “when this country embraces true diversity, it acknowledges and respects the social identity of its people. When it fosters true equity, it opens opportunities and ensures a level playing field for all. And when its policies are truly inclusive, it creates an environment and culture where everyone is respected and valued. What could be more American than that?”
From an employment perspective. For employers, the Administration’s EO’s repeatedly state that they are addressing illegal DEI programs and activities. Those that drive employment decisions based on a person’s protected status like sex or race.
From a personal perspective. I hope as we move forward, we can take the time to pause, ask questions with civility, and seek to understand, before we judge or slap labels on those with whom we do not agree.
