Diversity, Equity and Inclusion Under Siege
As I observe the unfolding events in our society, I can't help but feel exasperated by the seemingly relentless assault on the ideals of diversity, equity, and inclusion (DEI) that have been painstakingly built over the years. It's as if we are witnessing a full-scale retreat from the principles that were meant to bring about a more just and equal America, and it's disheartening to see organizations, particularly those designed to uplift minority groups like Black Americans, caught off guard.
The recent wave of lawsuits targeting DEI initiatives is nothing short of an existential threat to organizations like Blacks in Technology - and its Los Angeles chapter - whose initiatives are dedicated to providing LA technology firms with reliable, professional resources to meet the growing industry needs, also exists to promote digital equity, workforce development, and digital literacy to help Black people to thrive in a digital economy and society.
The anti-Black storm has been brewing since the Supreme Court upended established equal protection law with its decision in SFFA v. Harvard and SFFA v. UNC, effectively eliminating the use of affirmative action in college admission. The news is that the storm is gaining momentum with each passing day.
Closer to home, this movement has targeted a variety of academic programs designed to assist underserved Black students, including the Los Angeles Unified School District’s (LAUSD), Black Student Achievement Plan (BSAP). The BSAP is a comprehensive plan to improve the academic achievement of Black students in the LAUSD. The plan was adopted in 2016 in response to data showing that Black students were underperforming their peers in all areas of academic achievement. In 2021, a group of parents filed a lawsuit against the LAUSD, alleging that the BSAP was discriminatory and violated the Equal Protection Clause of the Fourteenth Amendment. In 2022, the California State Senate passed a bill that would have prohibited the LAUSD from implementing the BSAP. Although the bill was vetoed by Governor Gavin Newsom this certainly signals future attacks by conservative politicians and commentators is on the rise. While the lawsuit is still ongoing, the future of the BSAP and other academic programs to assist underperforming Black students are daunting.
On August 4, 2023, the America First Legal Foundation (AFLF) filed a lawsuit against the Small Business Administration (SBA), challenging the constitutionality of the SBA's 8(a) program. This program provides preferential treatment to small businesses owned by women, minorities, veterans, and other socially disadvantaged groups. Just four days later, the Center for Equal Opportunity (CEO), a conservative think tank, filed a lawsuit against Hello Alice, a women-focused business support platform, claiming that race-based criteria used in selecting program participants is unconstitutional.
Senator Tom Cotton and Republican State Attorneys General have joined this anti-Black movement, further stoking the flames of division. The war against Black people had been officially re-declared by Steven Miller, the former Trump administration advisor and now president of the AFLF. Ed Blum, founder and president of Students for Fair Admissions (SFFA), is also on board, filing lawsuits challenging affirmative action programs in higher education. The question on everyone's mind should be: Who's next? Will federal funding for Historically Black Colleges and Universities (HBCUs) be targeted next? What about Big Tech companies, philanthropic organizations, or federal, state, and local government programs?
It's time for a clarion call, a war manifesto, a Black "MAGA" equivalent to rally our base to the reality that war has been declared against Black people. Historically, Black communities have organized to defend against institutionally racist incursions. From the Black Panthers to Black Lives Matter, these movements have been born out of necessity. But who will lead the charge now? Will it be HBCU law schools, or the DEI professionals who are now out of work due to these legal challenges, or Ben Crump, Black America’s lawyer?
One disturbing tactic employed by the anti-Black proponents is to target organizations that are most likely to cave in and settle, rather than fight for higher ideals. It's embarrassing to see large, powerful law firms capitulate so easily. The irony is palpable: unless someone is paying for their protection, they seem to have no interest. It's high time they are called out and boycotted for their lack of backbone.
The SFFA decision did not overturn decades of established employment law, which allows companies to use DEI programs to address racial and gender imbalances in their workforce without resorting to quotas or discrimination against individuals. However, Chief Justice John Roberts' suggestion that race must be proven to have affected someone's life creates a dangerous presumption that race did not affect their life. Imagine the onslaught that will follow as certain media outlets exploit individuals' stories to sway public opinion against the very notion that Black people have ever been discriminated against or that they suffer from the effects of institutional bias. It's a dangerous narrative that threatens to erase our painful history.
Corporate America should focus on the benefits of DEI in the workplace and strategize on how to achieve it without making grandiose statements. As the saying goes, "don't talk about it, just do it." By shifting the policy to say less about their efforts, companies can avoid becoming targets for these frivolous lawsuits. We must find ways to maintain the benefits of DEI in the workforce despite the anti-Black movement. This won't happen on its own; we need industry-specific approaches, unconscious bias training, job fairs, community outreach, and stronger partnerships with HBCUs. Changing public opinion is also vital, and we need a robust fundraising campaign and a war chest for litigation and public outreach.
The debate over the benefits of diversity and inclusion is over; the evidence is clear. So let's stop talking and start doing. It's time for all Americans to come together to ensure that diversity and inclusion remain at the forefront of our society.
Class is over, and 've all graduated; now, let’s shut out the noise and just do it!
By: John W Davis II, JD
Advisor, BiT-Los Angeles
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