Austin American-Statesman

Texas law banning DEI was overdue, let’s get back to merit

- Nicole Russell

Anti-discrimina­tion laws have been around for decades. For the most part, they’re effective.

But diversity, equity and inclusion policies – in companies, organizati­ons and institutio­ns of higher learning – are anti-discrimina­tion laws on steroids. We can see that in Texas.

Texas A&M University had an annual DEI budget of $11 million. From 2015 to 2020, the number of Black Aggies who “agreed” or “strongly agreed” that they “belonged” at Texas A&M had dropped about 30%, according to the Claremont Institute’s Center for the American Way of Life, a conservati­ve think tank.

DEI-based programs purport to exist to address mostly racial and gender inequaliti­es, but they’re often ineffective at colleges and universiti­es, and even harmful in corporate America, where these students go next.

Texas leaders realize what others don’t: DEI programs are wasteful

This is playing out in Texas now at the University of Texas, which just laid off at least 60 employees who worked in diversity, equity and inclusion-related positions, according to the AmericanSt­atesman.

The mass firings were for efficiency to comply with Senate Bill 17, which went into effect in January. The new law bans Texas’ public universiti­es and colleges from funding any offices or programs with a DEI-based aim.

Several Texas outlets have slammed the bill again after this news leaked. It’s easy to see why. That’s a lot of people who now need new jobs, and this is a tough environmen­t for people looking for employment. But in some ways, the sheer number of DEI positions, the reaction and statistics about DEI prove the need for a closer look at DEI.

First, Texans support the law. A June poll showed that 49% of Texans “strongly” or “somewhat” support the ban, while only 34% oppose it.

Second, it’s excessive. According to the American-Statesman, 40 of the 60 staff were let go from the Division of Campus and Community Engagement, where the median annual salary is approximat­ely $69,000.

That’s more than $2.7 million a year in salaries just for 40 employees. That could have funded need-based in-state tuition for four years for, say, nearly 60 Black or Hispanic women – because poverty tends to disproport­ionately affect those demographi­cs.

Third, in some ways it’s ineffective at best and hypocritic­al at worst.

DEI has failed at its own goal

In 2022, almost 35% of UT’s enrolled students were white. About 25% were Hispanic or Latino. A little more than 5% were Black. The faculty was even less diverse. In 2021, almost 70% of UT’s fall faculty were white, just 10% were Hispanic and 5% were Black.

In 2022, students at UT released a report that claimed the university “does not offer the inclusivit­y that LGBTQIA+ students and other historical­ly oppressed groups demand.”

So almost $3 million worth of employee salaries are pushing DEI initiative­s and they’re still failing.

Administra­tors at Texas A&M and UT must have thought DEI was doing something good, or they wouldn’t have had so many staff working in this capacity. But surely, they had seen data showing their numbers weren’t improving. They were worsening. DEI initiative­s often lead to feel-good roles but no real-time results.

It’s certainly a good idea to reverse structural racism where it thrives and to dispel gender biases that keep historical­ly marginaliz­ed people from achieving their best potential. But we have anti-discrimina­tion laws for this.

DEI-based organizati­ons and initiative­s at a college level communicat­e to a generation of kids that their educationa­l success depends on a particular aspect of themselves.

Students become further obsessed with these handful of identifiers and expect the world will lend them a leg up. Does a corporatio­n owe a new graduate a job because he’s gay? Because she’s Muslim? Isn’t hiring a new college graduate because of their identifiers the opposite of equity and inclusivit­y?

DEI initiative­s fail college grads

DEI initiative­s in the workplace are also now facing backlash, per one report by Paradigm, following the Supreme Court’s 2023 affirmative action ruling.

In a survey of 1,000 hiring managers across the United States by ResumeBuil­der.com, 1 in 6 “have been asked to deprioriti­ze hiring white men,” almost half have been asked to “prioritize diversity over qualifications,” over half “believe their job will be in danger if they don’t hire enough diverse employees,” and 70% “believe their company has DEI initiative­s for appearance­s’ sake.”

So now fewer people who are qualified will get a job because they’re not marginaliz­ed? Nobody is supposed to care about the white guys because they’re part of a privileged patriarcha­l system, but by the looks of these hiring practices, that’s no longer true. And refusing to hire someone because they’re a white male is, well, against the law.

Last fall, Bloomberg reported that the year after Black Lives Matter protests in 2020, the S&P 100 added more than 300,000 jobs and 94% went to people of color. Given that only about a quarter of the U.S. population is not white, that’s a high percentage.

Anti-discrimina­tion laws succeed

Is there a better way to achieve what DEI has failed to? Or is DEI in and of itself unnecessar­y? Texas Republican­s seem to think the latter is true – and that’s why they banned it.

One could say that’s to be expected of a legislatur­e that’s 70% male and half white. They don’t need DEI; they’ve already tasted success.

Two things are true: Thanks to decades-old state and federal anti-discrimina­tion laws, American colleges and workplaces offer equity and equal rights under the law. Where these laws are broken, they’re challenged in court and overturned – like the Supreme Court’s decision last year that affirmative action at Harvard and the University of North Carolina violated the equal protection clause of the 14th Amendment.

It’s also true that where DEI programs in colleges exist, they’re too expansive and ineffective. Where they were perhaps originally a good idea decades ago, they’ve gone so far past the Overton Window, they’re either achieving little on college campuses or achieving the opposite in American workplaces, forcing companies to hire token representa­tives and eschewing meritbased hires because of sex and race.

The news that 60 people were let go sounds harsh, but it’s a short-term consequenc­e to fixing a longer-term problem. DEI advances people in work and schools because they’re marginaliz­ed, not because of merit. In the end, in the name of inclusivit­y, it ends up being quite an exclusive club.

Nicole Russell is an opinion columnist for USA TODAY. She lives in Texas with her four kids.

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