Diversity versus DEI: What's the distinction?
The Supreme Court has been instrumental in shaping the landscape of legal discrimination, with landmark decisions such as Bakke, Bollinger, and more recently, those involving North Carolina State University System and Harvard College, furthering the cause of affirmative action. However, recent changes in administration have led to a shift in approach, as evidenced by the "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" executive order.
This executive order, while taking a blunt approach to dismantling former President Biden's DEI (Diversity, Equity, and Inclusion) efforts, contains inherently positive aspects that may get overlooked. The principle of merit, long a priority for career civil servants, is at the heart of this new directive.
The sudden change in administration has left former DEI experts, who were government contractors, on the outs due to arguably overzealous execution of the executive order. President Trump, in his tenure, dismantled the federal government's Diversity, Equity, and Inclusivity offices, a move that focused on creating a merit-based America.
Balancing merit with affirmative action to correct past and avoid future discrimination has been a difficult task. The principle of equal opportunity is encompassed in efforts to achieve a merit-based civil service. In certain circumstances, discriminatory factors can be taken into account in employment decisions to ensure equal opportunity.
Efforts to improve the federal government's diversity have been around for years, particularly in agencies that do most of their work overseas. The U.S. military academies have been exempted from certain affirmative action rules due to the importance of having a military that reflects the diverse complexion of America.
It's important to note that establishing (or abolishing) DEI offices and staff is not the same as abandoning efforts to improve diversity. The laws that establish the principle of merit also promote equal opportunity in all employment decisions.
In the view of the HR professional, the words in the EO are spot on. Trump's actions, while focused on creating a merit-based America, did not outlaw efforts at achieving federal workplace diversity. The officials employed in carrying out President Biden's contemporary DEI program were reportedly impacted by administrative changes under former President Trump, including the removal or replacement of scientific teams and elimination of DEI-related climate data and projects.
Many DEI initiatives and associated staff positions were either discontinued or reassigned during Trump's administration, leading to efforts by scientists to restore removed climate data and continue related work outside government control. Despite these challenges, the pursuit of a diverse and inclusive federal workforce continues.
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