Legal Ease The Effects of DEI on the Workplace
By Richard D. Alaniz, Alaniz Law & Associates
or the past few years, especially during the Biden administration, the woke concept of DEI-diversity, equity and inclusion-has dominated many aspects of our culture, especially in our workplaces. It was aggressively fostered by government entities, especially federal agencies. Most were directed to incorporate DEI principles in all aspects of employment. DEI offices were created and staffed to ensure that DEI principles prevailed in all employment decisions.
F It was
the guiding principle in the hiring decisions of the more than 500,000 federal employees added during the Biden term. DEI was such a federal priority that the Biden administration sought to export it to other countries. For example, 1.5 million dollars were allocated to “advance diversity, equity, and inclusion” in Serbian workplaces and businesses. Additionally, many, if not most, major corporations adopted DEI for their operations. They too created specific departments to monitor and ensure that DEI prevailed in all decision making. Hiring, promotions and all aspects of employment rapidly became a matter of what DEI box the person checked.
Whether the election of Donald
Trump and the aggressive approach his administration has taken to undo much of what the Biden administration created spells the end of DEI in our workplaces remains to be seen. Early in his administration, President Trump issued a directive that all federal agencies end any DEI programs and ordered that DEI departments or offices be closed. A few sought to continue DEI efforts by simply changing the names of the office. These efforts were promptly stopped by the administration. As the federal government moved away from the use of DEI much of
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the private sector followed suit.
This
rejection of DEI as company policy created backlash in some cases. McDonalds was one of the first large companies to implement DEI in all of its operations. Now, as a result of dropping the use of DEI, it is currently facing a nationwide boycott. Thus far, this incipient boycott effort has had little effect on McDonalds business. Home Depot is also facing a nation- wide boycott for moving away from DEI. This boycott effort is being pushed by a group called the Peoples Union USA. Several other major corporations that have limited or discontinued their DEI initiatives have faced criticism and discontent at their annual shareholders meetings. However, some large employers, such as Costco, based in Seattle, have vowed to continue their DEI efforts. Now that the application of DEI
principles has for the most part ended, it raises the question of what impact it
may have had on employers during its reign. As noted, the federal government and most large employers applied DEI in all hiring and promotion decisions for several years. Many of these hires and promotions were primarily based upon whether the person checked one of the preferred boxes and not upon qualifications or merit. It is therefore understandable that some existing employees might resent losing out on opportunities to less qualified people because of DEI decision-making. In one recent case a heterosexual female was passed over for promotion in favor a less- qualified lesbian employee. She sued claiming discrimination. Some might call this a case of reverse discrimination, which courts have historically said does not exist. The employer’s attempt to have the case dismissed because it lacked legal support was denied and the case was allowed to move forward. The final result will not be known for some time. If the lawsuit is successful, more such
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