A group of Democratic lawmakers is urging major U.S. companies to retain their diversity, equity, and inclusion (DEI) programs. Led by Representative Robert Garcia (D-CA), a total of 49 House Democrats sent a letter to Fortune 1000 executives, pressing them to continue DEI programs despite consumer and shareholder backlash.
The letter follows announcements by companies including Ford, Harley-Davidson, John Deere, Lowe’s, and Molson Coors on scaling back DEI initiatives. American companies have cited numerous reasons for the shift away from DEI; however, in most cases, it appears to be due to either consumer boycotts, declining workplace productivity, or pressure from shareholders.
“Inclusion is a core American value, and a great business practice,” Rep. Garcia and his colleagues write. They claim: “By embracing this value, you create safer and fairer workplaces without sacrificing quality or financial success.”
While DEI policies are ostensibly intended to increase ‘inclusivity,’ the programs often result in increased discrimination based on race, gender, and sexual orientation. Relatedly, the U.S. Supreme Court ruled in the summer of 2023 that the use of race-based college admissions criteria—known as affirmative action—violated the Constitution’s equal protection clause.
The shift in public and corporate opinion against DEI programs is also apparent in upcoming litigation. Marlean Ames, an Ohio woman, is suing the Ohio Department of Youth Services over reverse discrimination in a case that will be heard by the U.S. Supreme Court and likely decided in the summer of 2024. The case could have a substantive impact on the evidentiary bar needed to prove a member of a demographic majority has been discriminated against.
