Report: Texas calls diversity in hiring initiatives ‘illegal’ and ‘forbidden’

Texas Gov. Greg Abbott has joined other Republican leaders in attempting to halt diversity, equity and inclusion initiatives, warning state agency and public university executives that implementing such policies is “illegal” in hiring and “forbidden.”

According to The Texas Tribune, Gardner Pate, Abbott’s chief of staff, informed agency executives that it was against both federal and state employment rules to employ DEI policies, noting that candidates should not be chosen based on anything besides merit.

Pate claimed that DEI initiatives, which benefit historically underrepresented or discriminated against groups, were illegally used to favor certain demographic groups over others. However, he did not name any specific groups.

“Rebranding this employment discrimination as ‘DEI’ doesn’t make the practice any less illegal,” Pate wrote in a memo, according to The Tribune. “Further, when a state agency spends taxpayer dollars to fund offices, departments, or employee positions dedicated to promoting forbidden DEI initiatives, such actions are also inconsistent with the law.”

President Lyndon B. Johnson used the 1964 Civil Rights Act to outlaw discrimination against people of color, particularly Black Americans, in higher-wage positions based on sex, race, religion and national origin.

Leaders created DEI policies to direct businesses, government agencies and universities to boost diversity and foster an environment that values the fair treatment of people who have historically faced discrimination in America. Resources for underrepresented groups, such as those with disabilities, LGBTQ people and veterans, may be included.

Pate’s memo cites federal and state anti-discrimination statutes to support his prohibition of DEI initiatives. These laws, in particular, were developed in response to decades of discrimination.

The governor’s decree is the most recent effort by Republican leaders in his state and others to push back against laws and academic fields they have labeled “woke.”

Texas state Rep. Carl Tepper introduced a bill last year that forbids funding for “any office of diversity, equity, and inclusion” or a department that promotes DEI objectives.

Texas Lt. Gov. Dan Patrick has strongly criticized what he deems liberal indoctrination in public colleges. He has suggested ending tenure and limiting particular discussions about race and racism in college classrooms.

Florida Gov. Ron DeSantis plans to block state colleges from having diversity, equity and inclusion programs and engaging in conversations surrounding critical race theory.

Andrew Eckhous, an attorney with the Austin, Texas-based Kaplan Law Firm, which focuses on employment issues and civil rights litigation, appears to disagree with Abbott’s position. He contends that, in an apparent effort to thwart measures that would increase diversity, the governor’s office is “completely mischaracterizing” DEI’s position in personnel decisions.

“Anti-discrimination laws protect all Americans,” Eckhous maintained in an email, The Tribune reported, “by ensuring that employers do not make hiring decisions based on race, religion, or gender, while DEI initiatives work in tandem with those laws to encourage companies to solicit applications from a wide range of applicants, which is legal and beneficial.”

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