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DEI Policies Go Against 1964 Civil Rights Act, DOJ Warns

On Wednesday, the Department of Justice and the Equal Employment Opportunity Commission warned that DEI policies could violate the 1964 Civil Rights Act. That same day, it was revealed that President Donald Trump signed an executive order that could allow federal contractors to have segregated facilities.
DEI, or “diversity, equity and inclusion,” is the current right-wing buzzword referring to antidiscrimination policies in the workplace and government. The Justice Department and EEOC put out two documents on Wednesday “educating the public about unlawful discrimination” stemming from DEI policies. The DOJ says that these policies can violate Title VII of the landmark 1964 Civil Rights Act.
“Far too many employers defend certain types of race or sex preferences as good, provided they are motivated by business interests in ‘diversity, equity, or inclusion.’ But no matter an employer’s motive, there is no ‘good,’ or even acceptable, race or sex discrimination,” EEOC Acting Chair Andrea Lucas said in a statement. “In the words of Justice Clarence Thomas in his concurrence in Students for Fair Admissions, ‘two discriminatory wrongs cannot make a right.’”
READ MORE: WWII B-29 Bomber Enola Gay Falls Victim to Pentagon’s Sweeping DEI Purge
The 1964 Civil Rights Act made it illegal for a company to refuse to hire a qualified candidate based on their race, sex or other protected characteristics. Though the Act was intended to help qualified women and non-white people find jobs, many on the right have claimed that white men have been blocked from getting work as a result.
The documents released by the EEOC echo this statement, claiming that “DEI-related discrimination” may include “unlawfully using quotas or otherwise ‘balancing’ a workforce by race, sex, or other protected traits.”
The same day that the DOJ and EEOC invoked the 1964 Civil Rights Act, it was reported that Trump issued an executive order last month that undermines that Act. Trump’s order overturned an EO by President Lyndon B. Johnson from 1965 that blocked federal contractors from having “segregated facilities,” like dining areas, according to The Independent. The move is primarily symbolic, the paper reported, as state and federal laws—like the 1964 Civil Rights Act—still ban segregation.
Trump fight against DEI policies started shortly after his inauguration. On his first day in office, Trump signed an executive order called “Ending Radical and Wasteful Government Programs and Preferencing.” Since Trump’s order, government agencies stripped references to women, Black and queer people from the historical sections of their websites. This includes the Pentagon removing former chair of the Joint Chiefs of Staff, General Colin Powell, and the Tuskegee Airmen from the list of notable graves at Arlington National Cemetery, according to the San Antonio Express-News.
Image via Shutterstock
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