Stephen Miller, a senior White House adviser in the Trump administration, has leveled about two dozen complaints. Miller and his conservative advocacy organization America First Legal have gotten bolder thanks to a Supreme Court ruling last summer.
They believe all DEI programs are illegal, embracing “reverse discrimination.” Miller claims white Americans are missing opportunities. He says this is because corporations want to hire and promote more people of color and achieve diversity goals.
Gene Hamilton is the vice president and general counsel of America First Legal. He said in September: “If a major corporation said in proxy statements to shareholders or the HR section of their website, ‘We are going to increase the white composition of our workforce by 15% this year,’ I think most folks would say, ‘Well, that’s’ kind of racist, and that seems wrong.'”
Miller is currently the face of attacks on corporate diversity programs. However, he’s not the only one. Conservative activist Edward Blum is making similar claims.
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He heads the organization the American Alliance for Equal Rights, and they are accusing firms and other organizations of excluding white and Asian students from fellowship programs. All because of race.
“There is no such thing in the law as reverse discrimination,” Blum said. “It is simply racial discrimination.”
Federal law bars private employers from considering race and other protected characteristics in employment decisions. However, they have the discretion to remedy racial imbalances in their workforces.
Conservative activists are now testing that prerogative by saying DEI programs are treating white workers unfairly. Billionaire entrepreneur Elon Musk shares similar sentiments. He took to X, formerly Twitter, to say: “DEI must DIE. The point was to end discrimination, not replace it with different discrimination.”
Many eyes are on a Supreme Court case that could make it easier for workers to pursue employment discrimination claims over job transfers by eliminating the requirement to show material harm.
A broad ruling in the case could trigger a surge in “reverse discrimination” suits, legal experts believe. White workers make up about two-thirds of the U.S. workforce, but discrimination claims make up only about 10% of race-based claims.
Also, attorneys say the federal courts are beginning to see a minor rise in claims challenging DEI initiatives. These claims are made not just by political advocacy groups like Miller’s or Blum’s. Individual employees and groups of employees also are filing legal challenges.
The rise in legal challenges to DEI programs started after corporations multiplied efforts to increase racial and gender diversity following George Floyd’s death in Minneapolis in 2020. Unfortunately, those efforts have brought about little progress.
The top ranks of America’s’ largest corporations are still predominantly white and male. Women and people of color occupy the lowest levels with less pay, fewer perks, and rare opportunities for advancement.
POLL — Is Systemic Racism a Significant Problem That Requires Reform in Policing and Other Areas?
The Congressional Black Caucus urged corporate leaders to reaffirm their commitments to a “more racially inclusive economy.”
“The economic state of Black America continues to suffer with underrepresentation in fast-growing high-wage industries, low probabilities of advancement, and a lack of representation in executive roles,” it said.
Florida Gov. Ron DeSantis and other Republican leaders are accusing corporations of running diversity programs that depict all white people as racist. They say it is abandoning colorblind systems based on merit to hire and promote people of color.
A coalition of conservative groups, including America First Legal, are getting ready for a Republican administration with a manifesto known as “Project 2025.” Project 2025 calls for the Justice Department and the Equal Employment Opportunity Commission to fight against corporate DEI initiatives.
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Justin Gomer, associate professor of American Studies at California State University, Long Beach, says conservatives are rallying around concepts like “racial neutrality” and “colorblindness” in the workplace to maintain white power and dominance.
The intensifying attacks on corporate DEI are causing corporations to avoid public targets for racial diversity in their executive ranks. Others are removing “diversity” from job titles. The past year “has undeniably shifted the DEI landscape for years to come,” according to a report from DEI consulting firm Paradigm.
“External forces are no longer pushing companies to invest in DEI; instead, in some cases, external forces are pushing back on companies’ investment in DEI,” the report reads.
Regardless of those differences, voters on the political right and left believe companies have the right to pursue DEI policies at their discretion.
Do you agree?
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