Standing firm against the escalating assault on equity, diversity, and inclusion

Equity, diversity, and inclusion (EDI, also referred to as DEI) programs have flourished in recent years, helping academic institutions, industry, and other organizations promote equal opportunity, address bias, and reduce disparities while providing a sense of belonging at work or school. But a new wave of anti-EDI bills, lawsuits, and complaints have created barriers for the future of such efforts. Spurred in part by the U.S. Supreme Court’s June 2023 decision to ban affirmative action, conservative groups around the country are leveraging civil rights law to challenge a range of policies intended to make the country’s institutions fairer and more equitable.

Lawmakers have proposed at least 81 bills in 28 states and in the U.S. Congress aimed at curbing EDI efforts in higher education or eliminating them altogether (DEI Legislation Tracker, The Chronicle of Higher Education, 2024opens in new window). A subset of bills goes even further, greatly restricting what can be taught and even rewriting the mission statements of some institutions to erase ideas about diversity.

“These are bills that seem likely to devastate not just DEI in higher ed, but also the ability of students to access a wide array of ideas through campus programming,” said Jeremy C. Young, PhD, the Freedom to Learn program director at PEN America, a nonprofit dedicated to human rights and free expression. “They would also prevent universities from determining for themselves what kind of programming and initiatives make sense for their students.”

EDI programs promote equal opportunity and representation among all groups, including—but not limited to—those that have been historically excluded. Decades of psychological research clearly show that diversity is beneficial for organizations, communities, education, and society as a whole (Gomez, L. E., & Bernet, P., Journal of the National Medical Association, Vol. 111, No. 4, 2019opens in new window; Palid, O., et al., International Journal of STEM Education, Vol. 10, No. 2, 2023opens in new window). Equal opportunity for all people, regardless of background, is also an ideal that, through amendments, has been enshrined in the U.S. Constitution.

“Given the large number of problems we need to solve—whether it’s global warming, diseases, world wars—we need all hands on deck,” said Robert Sellers, PhD, a professor of psychology at the University of Michigan who studies diversity and racial identity. “If we do not have a diverse population examining these challenges, it has a huge impact on us all. We will suffer as a society.”

Education, preparation, advocacy, and collaboration are all critically needed to keep the wave of anti-DEI attempts at bay. But the challenges might also offer a chance for diversity advocates to rethink how best to approach and discuss equity, said John Dovidio, PhD, an emeritus professor of psychology at Yale University who studies power and social relations.

“We’ve drawn the battle lines over the phrase ‘DEI.’ But if you assume that most people are good and want fairness, we probably can get to a much better place,” he said. “The resistance we’re seeing is a good opportunity for us to reflect upon our current approach.”

The first bills banning DEI initiatives on college campuses passed last year in Florida and Texas and took effect this year. All University of Florida DEI officesopens in new window closed, as well as the campus interfaith center at the University of North Floridaopens in new window. Since then, “the floodgates have opened,” said Young.

A similar bill became law in Utah this year, with others headed toward law in Kentucky and beyond. Building on an earlier wave of legislation aiming to restrict classroom speech, the new efforts now seek to further undermine higher education with tenure bans and other restrictions on university governance.

“In addition to legislative threats to DEI, the Wisconsin Legislature essentially blackmailed the University of Wisconsin systemopens in new window into cutting, though not closing, its DEI programs,” Young said.

In Missouri and elsewhere, “Do No Harm” legislation seeks to cut EDI concepts from health care education programs, including medical schools and psychology training, and restrict access to gender-affirming care.

“To say ‘do no harm’ is such a misnomer because it’s nothing but harm, and it’s unbelievably shortsighted about the long-term ramifications,” said Amy R. Beck, PhD, a clinical psychologist based in Kansas City, Missouri, and the legislative chair and federal advocacy coordinator for the Missouri Psychological Association. “If these bills prevent health care providers from training in your state, who will take care of people when they get sick?”

EDI offices do far more than lead workshops and issue scholarships. At schools such as the University of Oklahoma, where racist slurs and fraternity chants still surface, EDI programs help keep campus safe for all studentsopens in new window. But new bills and an executive order in the state now threaten those protections.

Outside academia, corporations including Amazon, Starbucks, and Comcast have faced lawsuits, threats, and formal complaintsopens in new window alleging their EDI efforts are unlawful. Other companies, including Google and Meta, have quietly downsized EDI programsopens in new window by cutting funding and staff.

“The power in these attempts is that they are chaotic, and they breed fear,” Beck said. “It becomes so challenging to know what you can and can’t do—and that’s the point. That means that these legislative pushes have worked even before they become law.”

People with different social identities have different experiences in the world, leading each of us to create a unique view of how things work. Those perspectives shape the way we view and address challenges, Sellers said, which helps explain why diversity enhances problem-solving in many settings.

“We know from a large body of psychological research that group processes work better with a diversity of ideas, thoughts, and perspectives,” he said. “More diverse groups come up with more solutions, and ultimately more effective solutions.”

But to benefit from those diverse perspectives, people need opportunity, access, decision-making power, and safety to voice their contributions. If the brightest person who can solve a particular engineering issue, for example, has a physical or learning disability and lacks access to the right educational or job opportunities, everyone loses, said Élida Bautista, PhD, a clinical psychologist and chief DEI officer at the University of California, Berkeley’s Haas School of Business.

“We all benefit from maximizing the talent that has access to the opportunities,” she said. “That’s foundational to our country’s values, but it’s something we have yet to achieve.”

In health care and other sectors, understanding the experiences of social determinants and marginalization that people with certain identities face is a central part of the work.

“Everyone is different, everyone has their own story,” Beck said. “If we’re not training people to be aware of the complexity of each individual, then we’re incapable of doing our jobs.”

Protecting EDI is something everyone should care about, experts say, because restrictions anywhere can have ramifications everywhere. Nationwide, 65% of teachers say they limited classroom discussions of social issues such as race and gender in 2023—about double the number of teachers actually affected by state-level directives (Policies Restricting Teaching About Race and Gender Spill Over into Other States and Localities, RAND, 2024opens in new window).

In higher education, academics are embedded in a community that extends far beyond their institution, said Afshan Jafar, PhD, chair and professor of sociology at Connecticut College and cochair of the American Association of University Professors’ Special Committee on Academic Freedom and Florida.

“If the larger culture is being poisoned, that can seep into ways of thinking in states outside of where legislation has been introduced,” she said. “The self-censorship and fear can lead to a discipline [such as psychology] that’s divided or one that compromises to accommodate what is happening.”

Academics are already leaving Florida and Texas after the passage of anti-DEI billsopens in new window, but so-called brain drain could harm those states in another way, Young said. Most federal research grants require recipients to consider EDI in their work, but meeting that condition could place faculty in violation of state EDI bansopens in new window.

“So, in addition to losing faculty members, those who stay in state may not be able to get federal funding or funding from certain private foundations,” Young said.

Talent may also leave an institution if they have the impression that leaders do not value EDI, which is one of several reasons why keeping quiet is not an option, Bautista said. Scaling back diversity efforts can also signal that these initiatives are no longer important. In a survey by talent marketplace Hired, working on a diverse team was a top priority for 63% of tech workers (DEIB in 2024: No Longer Important in Tech Hiring?, Hired, 2024opens in new window).

“People are trying to fly under the radar, to not have too much visibility, so that they don’t get targeted,” she said. “But if DEI efforts are no longer visible, that makes us even more vulnerable.”

Even when faced with restrictive legislation, organizations and individuals can take action to safeguard diversity efforts.

“Universities in states where these bills have not passed need to be prepared for the possibility that they could be proposed and become law very quickly,” Young said. Utah’s EDI ban, which outlawed diversity offices at universities and government agencies, was signed by the state’s governor just 2 weeks after its introduction.

Institutions in all states, therefore, should have a clear plan for how to respond if and/or when their EDI work comes under threat. That includes preparing talking points and building coalitions, but it also requires organizations to get creative in fulfilling their commitment to enhancing equity, Bautista said.

For example, a university that pledges to support certain groups that have historically been excluded—such as religious minorities, underrepresented racial groups, and people with disabilities—can have a plan in place to continue recruiting from spaces where these communities are represented, such as relevant professional organizations, so that they are included in the applicant pool even if “diversity hires” are forbidden in the state.

“If laws are passed in your state that prevent funding for formal programming, how can your institution find ways to continue delivering on those commitments?” she said.

Individuals can also act now, both by preparing their personal support networks and routines and by voicing their support for EDI efforts to university leadership. Sellers recommends taking 5 minutes to email your institution’s president and board of trustees and explain why continued equity work is critical, citing supporting research and noting that leaders will receive plenty of messages stating the oppositeopens in new window. Beck suggests contacting your institution or organization’s government affairs office to learn how to get involved with advocacy.

When it comes to organizing, garnering support from a range of sources is key, Sellers said. Grassroots efforts; student, parent, and alumni groups; and campus leaders all have a role to play.

State psychological associations are an important rallying point for psychologists; in Missouri, Beck helped form an alliance with other organizations, including the National Association of Social Workers’ state chapter. The coalition has coordinated in-person and written testimony opposing Do No Harm and other proposed legislation. Beck is also educating members across the Missouri Psychological Association about advocacy, including how to submit their own testimony.

Psychologists can access federal advocacy tools and training through APA’s Advocacy Team. Formal resolutions, such as APA’s first policy statement on Evidence-Based Inclusive Care for Transgender, Gender Diverse, and Nonbinary Individuals, can be leveraged against misinformation. The National Association of Diversity Officers in Higher Educationopens in new window, the American Association of University Professorsopens in new window, the American Federation of Teachersopens in new window, and PEN Americaopens in new window also offer resources to assist with organizing and advocacy. APA’s equity, diversity, and inclusion framework is another helpful resource with science-backed guidance to aid advocacy.

“We will feel the effects of these threats individually, but we have to be able to resist them collectively,” Jafar said.

In responding to anti-EDI efforts, Young suggests grounding resistance in the mission of your discipline. For example, APA’s Code of Ethics states that all people deserve equal access to the contributions of psychology, and APA’s Resolution on APA, Psychology, and Human Rights (PDF, 152KB)opens in new window discusses the importance of addressing human rights violations, promoting social justice, and advocating for the well-being of individuals and communities worldwide.

“Rooting your continued support for diversity in your discipline’s mission is going to be the key to surviving some of this,” he said.

Though much of the rhetoric surrounding EDI bans involves fighting words, Dovidio warns against solely defending against an attack. A better approach, he said, is to emphasize the broader goals of EDI and work to find common ground.

“Part of it is stepping back and rather than getting in the trenches, thinking about what it is we want to accomplish,” he said. “Why use loaded terms when what you’re really trying to do is get at the concepts?”

More specifically, Dovidio suggests clearly articulating the broader goals of EDI, including productivity, fairness, justice, and building a society where everyone has the opportunity to achieve their full potential. Advocates can also explain that EDI brings together all groups (including those who have traditionally held power in society, such as White men) and that efforts to improve diversity are win-win (one group benefiting does not mean another group loses).

Existing EDI programs could also be reworked to better reflect what psychologists know about creating change. Efforts to change individuals and to broaden the understanding of the science of diversity may lead to reactance and lack effectiveness over the long term. A focus on shifting norms, structures, and leaders—as well as building relationships—is more likely to generate lasting change, Dovidio said.

“Threat makes us myopic. We get divisive and defensive,” he said. “How can we, in a time of threat, be smarter and wiser than that?”