Threats to DEI Programs in the Workplace

WHEREAS, The National Association for the Advancement of Colored People ("NAACP") believes diversity, equity, and inclusion ("DEI") efforts represent a core principle that all institutions have a right to uphold. DEI benefits all members of society, especially African Americans; and 

WHEREAS, Segregation in the workplace was outlawed by the Civil Rights Act of 1964. This Act prohibits employment discrimination based on race, religion, sex, color, or national origin. It also created the Equal Employment Opportunity Commission, whose mission is to eliminate unlawful employment discrimination; and 

WHEREAS, DEI employment programs began during the mid-1960s to accelerate efforts to create a more diverse and inclusive workspace. Such programs were precipitated by the Civil Rights Act of 1964. As a result of employees filing discrimination lawsuits against corporations, they began implementing DEI training programs to limit their liability and decrease workplace hostility. Nationwide protests after the death of George Floyd resulted in renewed energy for DEI programs. LinkedIn noted a 168.9% increase in corporate chief diversity and inclusion officer roles during the years after Floyd's murder. This led to many companies focusing on holistic DEI approaches such as inclusive leadership, rooting out bias, and embedding DEI into their business cultures; and 

WHEREAS, Despite progress, there has been persistent resistance to DEI initiatives throughout American history, with a resurgence of challenges against them in recent years, including attacks on affirmative action. The Students for Fair Admissions, Inc. v. President & Fellows of Harvard College ruling by the United States Supreme Court in June 2023 has emboldened conservative activists, leading to numerous complaints against Fortune 500 companies for alleged discrimination against white individuals and putting at risk long-standing federal programs designed to uplift minority-owned businesses. A recent example was a Texas federal judge's ruling that mandates a 55-year-old agency to treat individuals of all races equally; and 

WHEREAS, Florida Governor Ron DeSantis attempted to regulate DEI programs within private businesses, including discussions on diversity and race, after the Florida legislature passed the Stop WOKE Act. Fortunately, the 11th United States Circuit Court of Appeals upheld a lower court ruling that the business-targeted provisions of the Stop WOKE Act violate the First Amendment of the United States Constitution as an unconstitutional content-based restriction on speech, and therefore bad law. Legislators in 19 additional states have attempted to pass similar restrictive laws regulating DEI efforts in the workplace and they have been struck down through vetoes or civil lawsuits; and

WHEREAS, Many businesses have quietly eliminated their DEI efforts, including layoffs of DEI officers, elimination of DEI training programs, and removal of diverse applicant requirements from scholarships, internships, and grants, to avoid being sued; and 

WHEREAS, Companies with DEI programs are more profitable because they promote cognitive diversity, which fosters creativity and innovation while reducing group thinking. A study shows that companies in the top 25% for ethnic diversity are 36% more profitable financially. Another study shows that 75% of organizations with diverse employees and inclusive culture exceed their financial targets. 

THEREFORE, BE IT RESOLVED, that the NAACP reaffirms its commitment to protecting and preserving DEI programs, especially in the workplace, as important extensions of past desegregation efforts and essential to ongoing efforts to combat inequality and discrimination. 

BE IT FURTHER RESOLVED, that the NAACP actively opposes any attempts to eliminate or weaken DEI programs, particularly attempts based on court decisions in the unrelated area of affirmative action in higher education, and continues to advocate for their continued funding, support, and expansion at all levels of government and within private companies. 

BE IT FURTHER RESOLVED, that the NAACP encourages companies to continue or begin DEI programs as part of their commitment to equal employment opportunities for all Americans and in light of the proven success enjoyed by companies with DEI programs. 

BE IT FINALLY RESOLVED, that the NAACP urges Congress, state legislatures, and federal and state policymakers to allocate resources and prioritize funding for DEI programs to help ensure equitable access and opportunities for all individuals, regardless of race, ethnicity, gender, sexual orientation, or socioeconomic status.