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55 U. Tol. L. Rev. 233 (2023-2024)
Diversity, Equity, and Inclusion (DEI) in the Era of Hostility: A Plea for Action and a Roadmap for Moving Forward

handle is hein.journals/utol55 and id is 251 raw text is: DIVERSITY, EQUITY, AND INCLUSION (DEI) IN THE ERA OF HOSTILITY: A PLEA FOR ACTION AND A ROADMAP FOR MOVING FORWARD Kerii Landry-Thomas * INTRODUCTION In 2020, America experienced an awakening with the death of George Floyd by the hands of police that, I argue, was a long time coming. In the wake of George Floyd's murder and the awareness of the persistent social inequities that permeated American culture, many institutions within American society, including institutions of higher education (IHEs), focused with intentionality on equity, inclusivity, and racism.1 However, by 2023 multiple states led by Republican legislators proposed an onslaught of laws and regulations that impeded diversity, equity, and inclusion (DEI) efforts in higher education. In fact, Texas and Florida enacted laws that all but eliminated DEI offices in public IHEs.2 Consequently, while laws proposed to eliminate DEI efforts in IHEs failed in many other states,3 the hostility towards DEI efforts slowed down the momentum that was created after the death of George Floyd. This essay explores the importance of DEI in higher education, some of the legal frameworks against DEI, and the impact of counter legislation on DEI efforts in higher education. Finally, this essay offers a roadmap for future consideration so that DEI progress is not totally dismantled. I. IMPORTANCE OF DIVERSITY, EQUITY, AND INCLUSION IN THE MISSION OF HIGHER EDUCATION During one of the numerous diversity trainings that I participated in, I heard the following statement, Diversity is being invited to the dance and inclusion is being asked to dance.4 This statement is a cute metaphor designed to give insight * Associate Vice Chancellor for Equity, Inclusion & Title IX at Southern University Law Center (SULC). SULC is a Historical Black College and University in Baton Rouge, Louisiana. 1. George Floyd Is Killed By A Police Officer, Igniting Historic Protests, HISTORY (May 24, 2021), https://history.com/this-day-in-history/george-floyd-killed-by-police-officer. 2. S.B. 17, 88th Leg., Reg. Sess. § 1 (Tex. 2023); S.B. 266, 2023 Leg., 125th Sess. § 4 (Fla. 2023). Texas Senate Bill 17 bans public colleges from having DEI offices or staff, requiring diversity statements, and requiring diversity training. Laws took effect January 1, 2024. 3. DEILegislation Tracker, CHRON. OF HIGHER EDuc., https://www.chronicle.com/article/here -are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts (last visited Feb. 16, 2024) (showing at least seventy-one bills introduced with twenty-five failing to pass). 4. Verna Myers, Diversity is Being Invited to the Party: Inclusion is Being Asked to Dance, YoUTUBE (Dec. 10, 2015), https://www.youtube.com/watch?v=9gS2VPUkB3M. 233