The Troubling Retreat from Diversity and Inclusion Initiatives

Observing the unfolding events in our society, I’m exasperated by the unrelenting 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, support or defend Black Americans, again being caught off guard.



The anti-Black storm has regained strength and momentum since the Court decision in Students for Fair Admissions (SFFA) v. Harvard, and SFFA v. University of North Carolina, effectively eliminating the use of race as a factor in college admissions.

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 on the same grounds. Four days later, the Center for Equal Opportunity, a conservative think tank, filed a similar lawsuit against Hello Alice, a Black and women-focused business support platform.

Separately, Sen. Tom Cotton and Republican State Attorneys General joined the anti-Black movement, along with Steven Miller, the former Trump advisor and now president of the AFLF. Ed Blum, founder and president of SFFA, is also on board, filing lawsuits nationwide that DEI is illegal. Collectively they’ve already targeted 200 law schools, 150 colleges, 51 “top” law firms, CEOs of Fortune 100 companies, and 21 of America’s favorite brands including McDonalds, Starbucks, Anheuser Busch, Nordstrum, Kellogg’s and Major League Baseball. 

In Los Angeles, literally just days before submitting this article, we learned that the anti-Black movement had targeted the LA Unified School District’s (LAUSD), Black Student Achievement Plan (BSAP), a comprehensive plan to improve the academic achievement of Black students. But for Governor Newsom’s veto, last year’s California Senate bill that prohibited the LAUSD from implementing the BSAP, would have become law. 

“Learn to read the present more carefully than you need to.”

Are right-thinking people not reading the present well enough and this assault is simply being overlooked? What next will silently disappear - federal funding for HBCUs? 

Where’s our Paul Revere declaring “The Rednecks are Coming!”? We need a clarion call, a war manifesto, a Black "MAGA" equivalency to rally our base to the reality that war has been declared against Black people. 

From the Black Panthers to Black Lives Matter, these movements have been born out of necessity. Who will lead this time? HBCU law schools? Out of work DEI professionals? Ben Crump, “Black America’s lawyer”? 

A smart but disturbing tactic they use is targeting organizations that will quietly cave in and settle, rather than fight for higher ideals. It's embarrassing to see large, powerful law firms that used to protect our flanks, capitulate so easily. The irony is palpable: unless someone Black is paying their fees, there’s no fight. No money, no backbone.

It’s an existential threat to organizations like Blacks in Technology - and its Los Angeles chapter, whose initiatives are aligned with the SmartLA 2028 goals and challenges. Those noble efforts to eliminate the conspicuous imbalances of race in LA that promote workforce development, digital equity, and digital literacy may be next in the crosshairs. 

“Don’t talk about it, just do it.”

The SFFA decision did not overturn established employment law, which permits the use of DEI programs to address “conspicuous imbalances of race and gender” in a workforce (without using quotas or other discrimination). However, Chief Justice Roberts' suggestion that race must be proven to have affected a Black person's life created a conundrum: historically, being Black in America has been negative by its very nature, so why today should 44.4 million Black people need to prove nature again in court? Of course our Blackness has affected our lives. We’re way past that point.

Instead of returning to a period of benign neglect, public and private employers should strategize on how to achieve DEI without neon lights. As the saying goes, "don't talk about it, be about it”, and just do it! Shift, say less, and become invisible to these frivolous lawsuits. Instead of proclaiming, use industry-specific approaches, unconscious bias training, job fairs, community outreach, and stronger partnerships.

This is a call to arms for the defense of the unique rights that should be afforded Blacks, particularly in America. As I’ve demonstrated, the anti-Black movement is alive, widespread and well funded. Let’s raise a $100 million legal defense fund to fight back in courtrooms, boardrooms and classrooms across America. 

The debate over the benefits of DEI is over; the evidence is clear. Less talking and more doing. DEI must remain at the forefront of our society so shut out the noise and just do it!

By: John W Davis II, JD

Advisor, Blacks in Technology, Los Angeles Chapter