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  • ✇American Civil Liberties Union
  • Trump’s Attacks on DEI Reveal Administration's Agenda for Second TermACLU
    This piece was published before Joe Biden withdrew from the 2024 presidential election and endorsed Vice President Kamala Harris to represent the Democratic Party. No significant facts have been changed or added. When Donald Trump’s administration ended in 2020, two-thirds of Americans believed that Trump had increased racial tensions in the U.S. The Trump administration's sustained assault on political, civic, and legal efforts to promote racial justice and the administration’s transparent purs
     

Trump’s Attacks on DEI Reveal Administration's Agenda for Second Term

Od: ACLU
3. Červenec 2024 v 00:19

This piece was published before Joe Biden withdrew from the 2024 presidential election and endorsed Vice President Kamala Harris to represent the Democratic Party. No significant facts have been changed or added.

When Donald Trump’s administration ended in 2020, two-thirds of Americans believed that Trump had increased racial tensions in the U.S. The Trump administration's sustained assault on political, civic, and legal efforts to promote racial justice and the administration’s transparent pursuit of an agenda based on white supremacy had pushed the country to its breaking point.

Today, Trump and his supporters have doubled down on this agenda. As part of a larger backlash against racial justice efforts that ignited in the aftermath of the 2020 killings of George Floyd, Ahmaud Arbery, and Breonna Taylor, the 2025 Presidential Transition Project has now made its anti- diversity, equity, and inclusion (DEI) policies a cornerstone of their continued attacks on racial equity and free speech.

In addition to abandoning civil rights enforcement on behalf of marginalized groups, Trump and his supporters plan to intensify right wing attacks on education, employment, and economic opportunity initiatives, and to censor academic discussions about race, gender, and systemic oppression. At the ACLU, we won’t retreat. We’re prepared to challenge the Trump administration’s policies at every level of government. Learn more in our breakdown:

Trump on Diversity, Equity, and Inclusion

The Facts: Based on Trump’s campaign promises – and the detailed policy proposals of Project 2025 – we can expect a second Trump administration to supercharge efforts to reverse gains in civil rights and racial justice in America. Specifically, Trump has promised to continue his attacks on so-called “divisive concepts” and take federal funding from schools with curricula, books, or classes that address race, racism, gender, and sexuality. Trump has also promised to eliminate school administrator positions that oversee DEI initiatives, and to resuscitate the discredited 1776 Commission, which was a presidential advisory committee created in September 2020 by then-President Trump that was tasked with “restoring patriotic education in schools.”

Emboldened by the 2023 repeal of affirmative action in college admissions, a second Trump administration intends to abandon efforts to advance and legally defend affirmative action and DEI policies within military academies, federal minority contracting programs, and other federal programs shown to open opportunities – as well as create inclusive education and workplace environments – unfairly denied to people of color, women, and other marginalized groups. On the regulatory side, a second Trump administration would not only refuse to enforce civil rights regulations on behalf of individuals from historically marginalized groups, but to actively weaken these protections in housing, education, health care, and other essential resources.

Ultimately, Trump has made clear that his goal is to eradicate all programs designed to address profound and persistent inequalities in American life – with the effect of further entrenching, and indeed worsening, systemic inequality.

Why It Matters: Policies that seek to eradicate DEI programs, restrict conversations about race or gender in the classroom, or otherwise attack civil rights efforts are not only unlawful, but undermine our ability to repair decades of discriminatory practices and thrive as a nation. At the state level, we know that efforts to ban books or school curricula addressing the reality of systemic discrimination not only trample on students’ and educators’ constitutional rights, especially their First Amendment rights, but also threaten the retention and academic success of all students.

At the federal level, we know that a second Trump administration would dismantle or refuse to enforce critical DEI programs and initiatives that date back decades. In public health, for example, there are significant disparities in care that are closely linked to structural racism. To remedy historical discrimination and address health outcome disparities, public and private scholarship and fellowship programs have been set up to support pathways to the medical profession for underrepresented medical professionals. Without support for these programs, the race-gap in healthcare would only widen.

How We Got Here: From 2017-2021, the Trump administration used its federal legal and policy authority to bolster far-right attacks on educational and economic opportunity initiatives. For example, the administration used its investigative and legal authority to target efforts by the private sector and institutions of higher education to address inequality.

Specifically, the prior Trump administration consistently subverted traditional legal tools and principles designed to combat unlawful discrimination. It ceased enforcement of, and attempted to dismantle, disparate impact liability -- a bedrock tool for effective civil rights enforcement. The administration also revoked federal guidance designed to address race- and disability-based discrimination in student discipline policies and practices and banned, by executive order, the U.S. Armed Forces, federal agencies, federal contractors, and recipients of federal grants from providing employees with trainings related to race and gender discrimination.

In the Trump administration’s final days, it also launched the 1776 Report, which deceptively recasts the civil rights movement as corrupting progress toward racial equality. Designed to “restore patriotic education in schools,” the 1776 Report compared progressivism to fascism, claimed the civil rights movement embraced ideas similar to those held by defenders of slavery, and sought to downplay the legacy of racism in U.S. history. Historians uniformly condemned the report, pointing out that it was littered with factual inaccuracies, partisan politics, and a lack of serious scholarship.

Our Roadmap: The ACLU filed more than 430 legal actions against the Trump administration, including many lawsuits against that administration’s anti-DEI policies — from fair housing to book bans. If Trump is reelected, we’ll continue to use the courts to combat these discriminatory tactics. That includes asking the court to block any administration’s efforts to undermine the Fair Housing Act.

We will also push Congress to consistently vote against anti-DEI bills and efforts to strip federal funding from such programs, and to amplify through hearings and public statements how these programs work and the reasons why these programs remain critical. We’ll also work with states and municipalities to advance civil rights protections in the public sector and defend inclusive curricula at the K-12 level. Lastly, we’ll provide critical guidance and support to institutions and school districts to combat historical discrimination that is still constitutionally sound, despite aggressive messaging to the contrary.

What Our Experts Say: “Trump and his supporters leveraged last year’s Supreme Court decision on affirmative action to undermine and create confusion around DEI initiatives – even though DEI and affirmative action are two different issues. The ACLU is determined to educate the public on this racist agenda, and continue to defend vital efforts that counteract historical discrimination and unequal access to opportunities. – ReNika Moore, director of the ACLU Racial Justice Program

“It’s important for Americans to realize that Trump’s plans to intensify efforts to eliminate inclusive education practices and policies is a First Amendment issue, as much as it is a civil rights issue. Trump and his supporters are proposing to control what we think and learn by using the government to censor a viewpoint it doesn’t like out of existence.” – Kim Conway, senior policy counsel

What You Can Do Today: The ACLU has challenged classroom censorship laws and book bans across the country. Today, we’re expanding on that work by pushing back against attempts to restrict DEI programs. We won’t stand for the erasure of marginalized communities in our schools. Join us in this critical fight for free speech and equitable education.

  • ✇American Civil Liberties Union
  • The Long History of Discrimination in Job Hiring AssessmentsRicardo Mimbela, Olga Akselrod
    pApplying for jobs can be a difficult and frustrating experience: you’re putting forward your qualifications to be judged by a prospective employer. We all want to be treated fairly. We want our qualifications to speak for themselves. But for job seekers who have been historically excluded or discriminated against because of their race, gender identity, or disability, there can be another question lurking in the background: Am I being judged, not for my ability to do the job, but for my identity
     

The Long History of Discrimination in Job Hiring Assessments

pApplying for jobs can be a difficult and frustrating experience: you’re putting forward your qualifications to be judged by a prospective employer. We all want to be treated fairly. We want our qualifications to speak for themselves. But for job seekers who have been historically excluded or discriminated against because of their race, gender identity, or disability, there can be another question lurking in the background: Am I being judged, not for my ability to do the job, but for my identity?/p pAutomated decision-making tools, including those using artificial intelligence, or AI, and algorithms, have been widely adopted in hiring. Today seven out of 10 employers use them. We have a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hiredpreviously written/a about AI and some of the newer ways that it’s impacting hiring, including how it lacks transparency and can harbor serious flaws that lead to bias and discrimination. But these tools are just the latest frontier in a long history of employment tests that can discriminate and harm job seekers. For example, one of the landmark civil rights cases, a href=https://supreme.justia.com/cases/federal/us/401/424/Griggs v. Duke Power Co (1971)/a, was about a company’s use of bogus tests to a href=https://www.eeoc.gov/meetings/meeting-january-31-2023-navigating-employment-discrimination-ai-and-automated-systems-new/mooreblock the promotion of Black workers/a./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank tabindex=-1 img width=1200 height=628 src=https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d.jpg class=attachment-4x3_full size-4x3_full alt= decoding=async loading=lazy srcset=https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d.jpg 1200w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-768x402.jpg 768w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-400x209.jpg 400w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-600x314.jpg 600w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-800x419.jpg 800w, https://assets.aclu.org/live/uploads/2024/05/70424f4c0d4ad921d1e27da6125a765d-1000x523.jpg 1000w sizes=(max-width: 1200px) 100vw, 1200px / /a /div div class=wp-link__title a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank How Artificial Intelligence Might Prevent You From Getting Hired /a /div div class=wp-link__description a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletAI-based tools are used throughout hiring processes, increasing the odds of discrimination in the workplace./p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/news/racial-justice/how-artificial-intelligence-might-prevent-you-from-getting-hired target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pWhen tests and tools that have a long history of problems are combined with new technologies like AI, risks of harm only increase, exacerbating harmful barriers to employment based on race, gender, disability, and other protected characteristics. While the harm of racial discrimination in employment tests has long been recognized and challenged, there has been less awareness about how these tests impact applicants who, in addition to facing racial discrimination, face discrimination based on their disabilities./p pThe use of personality assessments in hiring processes has become increasingly common. Yet these tests often ask general questions that may have little to do with the ability to do the job and capture traits that are directly linked with characteristics commonly associated with autism and mental health conditions such as depression and anxiety. This creates a high risk that qualified workers with these disabilities will be disadvantaged compared to other workers and may be unfairly and illegally screened out./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank tabindex=-1 img width=750 height=375 src=https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb.jpg class=attachment-4x3_full size-4x3_full alt=A graphic featuring a diverse group of individuals. decoding=async loading=lazy srcset=https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb.jpg 750w, https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb-400x200.jpg 400w, https://assets.aclu.org/live/uploads/2023/11/9adf74e5819f7726f6dd759d712b47eb-600x300.jpg 600w sizes=(max-width: 750px) 100vw, 750px / /a /div div class=wp-link__title a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank Know Your Rights | Know Your Digital Rights: Digital Discrimination in Hiring /a /div div class=wp-link__description a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletEqual access to job opportunities is a core component of economic justice. Increasingly, employers are using automated tools in their hiring.../p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/know-your-rights/know-your-digital-rights-digital-discrimination-in-hiring target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pTo push back, we a class=Hyperlink SCXW161865474 BCX0 href=https://www.aclu.org/documents/aclu-complaint-to-the-ftc-regarding-aon-consulting-inc target=_blank rel=noreferrer noopenerfiled a complaint/a to the Federal Trade Commission (FTC) against Aon, a major hiring technology vendor, alleging that Aon is deceptively marketing widely used online hiring tests as “bias-free” even though the tests discriminate against job seekers based on traits like their race or disability. The ACLU and co-counsel have also filed charges with the Equal Employment Opportunity Commission (EEOC) against both Aon and an employer that uses Aon’s assessments on behalf of a biracial (Black/white) autistic job applicant who was required to take Aon assessments as part of the employer’s hiring process./p pTwo Aon products, a “personality” assessment test and its automated video interviewing tool, which integrate algorithmic or AI-related features, are marketed to employers across industries as cost-effective, efficient, and less discriminatory than traditional methods of assessing workers and applicants. However, these products assess very general personality traits such as positivity, emotional awareness, liveliness, ambition, and drive that are not clearly job related or necessary for a specific job and can unfairly screen out people based on disabilities. The automated features of these tools exacerbate these fundamental problems, particularly as Aon incorporated artificial intelligence elements in its video interviewing tool that are also likely to discriminate based on disability, race, and other protected characteristics./p pCognitive ability assessments, another staple in hiring, must also be subject to scrutiny, as they have long been shown to disadvantage Black job candidates and other candidates of color and may also unfairly exclude individuals based on disability. These tests, touted to measure aspects of memory, as well as several others it markets, have racial disparities in performance./p pFor autistic and other neurodivergent job applicants and applicants of color, cognitive ability assessments pose a significant barrier to employment. Not only do they fail to accommodate diverse needs, but they also perpetuate discrimination based on race, disability, and other traits. Employers should not use assessments that carry a high risk of discrimination. Employers risk screening out people who could be successful employees, impacting diversity in the workplace, and could face legal liability, even where the assessments are designed and administered by third-party vendors. Employers have a legal obligation to thoroughly vet any assessments they use for compliance with anti-discrimination laws, and if they decide to use an assessment, they must provide meaningful notice so that disabled workers can make an informed choice whether to seek accommodations or alternative processes./p pBut vendors must also be accountable for the tools they market. Employers can hold vendors accountable by demanding that vendors truly design their products to be inclusive – including by incorporating the perspectives and experiences of people with disabilities and other protected groups into their design process #8212; and conduct thorough auditing for discrimination based on race, disability and other protected characteristics. They can also demand transparency and decline to purchase their products if they fail to do so. And vendors can and should also be held legally accountable for their discriminatory products and deceptively marketing them. As the EEOC recently a href=https://www.eeoc.gov/litigation/briefs/mobley-v-workday-incargued/a in a federal case about discrimination in an online hiring product, vendors can be held accountable under employment discrimination laws, and our FTC complaint should serve as notice to vendors that we will seek to hold them accountable under consumer protection laws as well./p pAs the hiring landscape continues to change and job applicants face new hiring tools, we must strive for a future where skills and potential, not bias, determines our opportunities. The ACLU stands ready to defend the rights of individuals wronged by discriminatory practices. Together, we can dismantle discriminatory barriers and build a more inclusive workforce for all./p
  • ✇American Civil Liberties Union
  • Our New 4/20 Merch and Ongoing Fight for LegalizationKia Winter, Johanna Silver
    pFor decades, the ACLU has fought against the war on drugs. The criminalization of cannabis has led to far too many unjust incarcerations, which waste critical resources and billions of dollars. a href=https://www.aclu.org/publications/tale-two-countries-racially-targeted-arrests-era-marijuana-reformAccording to numbers from our 2020 report/a, it also disproportionately affects Black Americans, who continue to be almost four times more likely to be arrested for marijuana possession than a white
     

Our New 4/20 Merch and Ongoing Fight for Legalization

pFor decades, the ACLU has fought against the war on drugs. The criminalization of cannabis has led to far too many unjust incarcerations, which waste critical resources and billions of dollars. a href=https://www.aclu.org/publications/tale-two-countries-racially-targeted-arrests-era-marijuana-reformAccording to numbers from our 2020 report/a, it also disproportionately affects Black Americans, who continue to be almost four times more likely to be arrested for marijuana possession than a white person, despite equal reported use rates./p figure class=wp-image mb-8 a href=https://www.aclu.org/publications/tale-two-countries-racially-targeted-arrests-era-marijuana-reform img width=1364 height=958 src=https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM.png class=attachment-original size-original alt=A map showing racial disparities in marijuana possession arrests. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM.png 1364w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-768x539.png 768w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-400x281.png 400w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-600x421.png 600w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-800x562.png 800w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-1000x702.png 1000w, https://www.aclu.org/wp-content/uploads/2024/04/Screen-Shot-2024-04-15-at-2.35.23-PM-1200x843.png 1200w sizes=(max-width: 1364px) 100vw, 1364px / /a figcaption class=wp-image__caption is-caption mt-3pa href=https://graphics.aclu.org/marijuana-arrest-report/Explore more in our interactive data visualizer/a/p /figcaption /figure pWe’re fighting for not only the legalization of marijuana, but also for the repair of decades of past damage. Even as marijuana becomes legal or decriminalized in more states, rampant racial disparities still remain and thousands of people are still behind bars for innocuous cannabis charges. A more just system isn’t possible until all people incarcerated for marijuana are released and criminal records for these offenses are expunged./p pThis is why we celebrate 4/20 every year: to bring renewed attention to the fight for cannabis justice. With our new dope tees, trays, blankets and posters, we invite people to join in a href=https://www.aclu.org/issues/criminal-law-reform/drug-law-reform/marijuana-law-reformour fight to legalize marijuana/a and repair the harms of the war on drugs. This year’s products take on a retro aesthetic to honor everything 4/20. They feature groovy waves, earth tones, interesting facts and — everyone’s favorite mascot Torchy./p pCheck out the list of merch below, and be sure to a href=https://shop.aclu.org/return to our shop/a regularly during April, and tune in on our social media channels–we’ll be celebrating 4/20 all month long with exclusive deals!/p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markA Super Soft, Conversation-Starting Tee/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $30/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-repair-tee/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611.jpg class=attachment-original size-original alt=A picture of the Legalize and Repair Tee from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/ACLU_420_Tee__23611-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pFrom the gym to the farmer’s market, you’ll want to wear this ultra soft, 100% cotton tee everywhere. The perfect conversation starter, we even included an important message on the bottom./p div class=wp-heading mb-8 hr class=mark / h2 id= class=wp-heading-h2 with-markDope Decorative Art for Your Space/h2 /div div class=wp-heading mb-8 h3 id= class=wp-heading-h3 with-standardPrice: $12/h3 /div div class=wp-sizing-container sizing--standard figure class=wp-image mb-8 a href=https://shop.aclu.org/legalize-and-repair-poster-11x14/ img width=1280 height=1280 src=https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648.jpg class=attachment-original size-original alt=A picture of the Legalize and Repair Poster from the ACLU store. decoding=async loading=lazy srcset=https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648.jpg 1280w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-150x150.jpg 150w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-768x768.jpg 768w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-400x400.jpg 400w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-600x600.jpg 600w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-800x800.jpg 800w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-1000x1000.jpg 1000w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-1200x1200.jpg 1200w, https://www.aclu.org/wp-content/uploads/2024/04/Legalize_and_Repair_Poster__48648-300x300.jpg 300w sizes=(max-width: 1280px) 100vw, 1280px / /a /figure /div pThinking about a Spring decor refresh? Look no further! 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Supreme Court Signals that Institutions Can Keep Designing Programs to Foster Diversity, After Affirmative Action Ruling

6. Březen 2024 v 22:59

Since the Supreme Court struck down longstanding affirmative action admissions policies this past summer in SFFA v. Harvard/UNC, institutions from a variety of sectors have grappled with how to stay true to their commitments to equal opportunity in light of the court’s ruling. But this week, the Supreme Court did something noteworthy: it refused to hear a challenge to a high school admissions policy designed to eliminate unfair barriers for students of color. In doing so, the justices sent a signal that institutions can continue to find innovative ways to ensure equal opportunity for all within the parameters of their relatively narrow decision on affirmative action.

The admissions policy at issue in Coalition for TJ v. Fairfax County School Board, is just that — a thoughtful approach to ensuring that highly qualified students from all backgrounds have a fair shot at getting into Thomas Jefferson High School (TJ), the top public high school in Virginia. Recognizing the importance of a diverse student body, TJ removed arbitrary and unfair barriers to eligible Black, Latine and lower-income students of all races and ethnicities. Instead of relying only on standardized tests, which can exclude well-qualified candidates of color, the new process considers a broad range of factors, including performance on a problem-solving essay. The school also adopted a percentage plan that guarantees seats to the most competitive candidates from all eligible middle schools — not just select “feeder” schools in wealthy neighborhoods. By declining to take up the case, the Supreme Court has effectively let this policy stand.

And earlier this month, the court reinforced that its decision in SFFA was a narrow one, allowing West Point and the U.S. Naval Academy to continue their race-based affirmative action programs, while challenges proceed in the lower courts. Although the court did not explore the constitutionality of these programs, by declining to hear these challenges, it is leaving the door open for institutions to design creative solutions for expanding opportunity and fostering diversity.

This mission is more critical now than ever. Discrimination and deep-seated racial inequities that so many educational institutions, businesses, and other entities are working to address remain critical challenges. Since the 1990s, public education in the U.S. has grown significantly more segregated by race. Black and Brown students are more likely to attend schools that are doubly segregated: racially isolated and with fewer resources but higher needs. In the employment sector, Black workers face persistent gaps in promotion, pay, and opportunity. The Black-white wage gap was larger in 2020 than it was in 1970. Black, Latina, and Native women make less than 65 cents for every dollar earned by a white man, a differential that adds up to nearly a million dollars lost over the course of a woman’s career.

This reality was not lost on the Supreme Court. Even in its decision to strike down Harvard and UNC’s affirmative action policies, the court reaffirmed that the pursuit of diversity is a “commendable goals”. In his concurrence, Justice Brett Kavanaugh stressed that schools “can, of course, act to undo the effects of past discrimination in many permissible ways.”

That said, under the new legal landscape we face, opening the doors of opportunity will require careful construction, clarity of conviction, and steadfast commitment in the face of a well-resourced movement against progress. In designing programs to foster principles of fairness and equality, institutions need to be mindful that courts will pay more exacting scrutiny to programs that consider an individual’s race. Further, institutions need to be prepared to face highly organized attacks, including “warning” letters and legal challenges blatantly distorting the state of the law. These attacks have created a culture of fear and legal uncertainty specifically intended to coerce institutions into abandoning their commitments to equal opportunity — in some cases, successfully.

We cannot let this happen. Proactive efforts to ensure full and equal opportunity are more, not less, urgent in light of the Supreme Court’s decision. Institutions should examine their admissions, scholarship and fellowship programs, as well as recruitment and hiring practices, to ensure that they expand pipelines of opportunity for all. Schools, businesses, and others must not shy away from their DEI efforts, offices, and trainings, but instead should double down on the many lawful and effective approaches that remain. Schools and workplaces should take steps to foster a climate in which people of all races and ethnicities belong and can meet their full potential. And institutions must still comply with anti-discrimination laws, including those that prohibit unnecessary barriers to opportunity for people based on race or ethnicity. As the values of diversity and equal opportunity are themselves under attack, we must continue to push even harder for progress. It is not only the right thing to do, but what the law both permits and requires.

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“There Was No One That Looked Like Me:” Why Diversity Matters in the Military

Last year, the Supreme Court overturned its prior holdings on affirmative action, effectively ending race-conscious admissions practices in most colleges and universities and, consequently, restricting the ability of schools to address systemic racial inequalities that persist in higher education. But the court’s decision was left with one exception: military service academies. Now, the same group that brought to the Supreme Court the case that overturned affirmative action, Students for Fair Admissions (SFFA), is suing the U.S. Naval Academy and West Point, alleging in two separate lawsuits that the military academies’ use of race in their admissions processes is unconstitutional.

Affirmative action at service academies is essential for confronting our military’s discriminatory history, which continues to impact service members of color. The ACLU, the ACLU of Maryland, and NYCLU, along with our partners NAACP Legal Defense Fund and the National Association of Black Military Women, filed two amicus briefs in New York and Maryland in support of affirmative action, highlighting the experiences of people of color, specifically the unique experience of Black women in the military.

We recently spoke with three veterans who are members of the National Association of Black Military Women. They shared insight into their personal experiences and challenges within the military — from facing unachievable uniform requirements to highlighting the importance of representation. Our conversation has been edited for length and clarity.

Navy Veteran Sheena Todd - 2010 - 2015

A photo of Sheena Todd.

ACLU: Could you tell us about your time in the military and why you decided to join?

Veteran Todd: I was working a few jobs, going to school, and times were tough. This was a way to get out of Detroit and also do something really amazing and scary. It was very important for me to take some time to find myself, grow up a little bit, explore the world, and see what the American dream was about. I’ve always been in jobs that were geared towards service. For me, it was just important to learn to take care of myself and then taking care of others just came naturally.

ACLU: How important is it to have military leadership that represents the diversity of service members?

A photo of Sheena Todd.

Veteran Todd: Having a role model, mentorship, and someone who is culturally competent of what African Americans go through, while also allowing others to get some exposure to that type of leadership, is important in addressing discrimination. It definitely affects morale and the cohesion of the group to walk into a room and look around, and no one looks like you at your job, at a hearing, or at a base. It’s also super important when you think about retention and recruitment. If I am not comfortable or I’m not in a place where I feel like I’m in alignment with who I’m surrounded by, it’s really tough. You don’t feel accepted, welcomed, or valued. The other part of this is seeing what’s possible, and being able to learn from each other and what their experiences were. Seeing those positive examples and building credibility and trust with people that are not like you – that exposure opens up your mind.

ACLU: The military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?

Veteran Todd: That was a big deal for me in the military. When it came to uniforms, the regulations were not put in place for us. It was put in place for people with hair that could conform to those regulations. Our hair doesn’t do that. We have to do a little more extra. I was the yeoman that kept instructions in my pocket because they were up for interpretation. I used to get stopped all the time about my hair. There was this one time where I was actually put at attention by a superior. He said I was distracting the sailors and needed to do something about myself. I didn’t have any makeup on, my hair was natural, and I had on overalls and big boots, so I didn’t know what he wanted me to change. I looked around at every other Black girl on that ship; their hair was shaved off. Then I looked at some of our counterparts who had flipped up hair and all this extra stuff. Were they getting pulled to the side? Absolutely not. I’m really glad that they began to change some of those regulations.

Retired Air Force Chief Master Sergeant Sebrena L. Flagg-Briggs - 1986 - 2021

A photo of Sebrena L. Flagg-Briggs.

ACLU: Could you tell us about your time in the military and why you decided to join?

Retired Chief Master Sgt. Flagg-Briggs: It was rewarding. It was awesome and it was tough. I joined the military because I wanted to do more for my community. I felt the need to serve others and in my mind, the best way was to serve my country. I would be serving everybody by joining the military.

ACLU: Our amicus highlights that people of color collectively make up as much as 37 percent of the enlisted ranks, but only 14.8 percent of the highest pay grade officers. How do you think this affects the experiences of service members of color?

Retired Chief Master Sgt. Flagg-Briggs: When I first came into the military, there was no one that looked like me in a lot of the rooms that I entered. When you don’t see people in the room that represent you, you don’t feel heard. They don’t understand where we’re coming from or how it makes us feel to not see someone that looks like us in higher rank positions. How can they decide uniform policies like how my hair should be, or how the makeup fits my face, or what color is my natural hair color? Those things came up a lot in the military. It affects morale, and it affects people wanting to join.

A younger photo of Sebrena L. Flagg-Briggs in service.

I was very heavy on joining an organization that promoted diversity because I thought it was important that men, women, Black, white, different nationalities be represented. It gave me a greater understanding of their perspective, and I was able to share my perspective. We were able to gather our thoughts, our differences, and come up with a common solution that would make everybody feel included.

ACLU: Disciplinary hearings affecting service members are reviewed by the military’s own judge panel. How important is it to have leadership that represents the diversity of service members and understands different upbringings?

Retired Chief Master Sgt. Flagg-Briggs: That is extremely important. Sometimes when the decisions are made, it perpetuates in your mind that there’s no way they understand who I am or what I represent, because that opinion doesn’t sound like it is for me. There have been examples where there was one type of solution or punishment that was going to be put upon a person and because I was in the room, I helped them understand that it wasn’t as they saw it. The relief that they got from having me in the room was astounding. Many times I was the only woman of color or the only person of color in the room, and I was always opinionated and spoke for folk that were on the line. That was truly important during my 35 years of service. Rising to the rank of Chief, it made me more aware. It helped me help others to understand why it’s important to get in the room, earn more rank, so that we can be better understood, and we could share our experiences and other folks would understand as well.

Marine Corps Veteran Marnisha Mintlow - 1997 - 2001

A photo of Marnisha Mintlow.

ACLU: Could you tell us about your time in the military and why you decided to join?

Veteran Mintlow: When I joined, it was about me getting money for school. But as you’re gaining education and knowledge of what this branch has gone through, the wars it has fought and won for our country, and you built a relationship with the branch, you learn the importance. So then it becomes, I served my country, I did my part, I put my life on the line.

ACLU: The military imposes certain uniform requirements that can disproportionately impact people of color. Did the uniform requirements affect your time in the military?

Veteran Mintlow: It wasn’t necessarily uniforms that were my issue. It was the weight requirement. Once you hit the maximum weight requirement, they will do what’s called a body fat measurement. When they do that for women, they measure our necks, our waists, and hips. I still believe that is not a fair measurement for women of color. In my culture and as a Black woman, the widest part of my body is my hips, and there is nothing I can do about it. There are some things that we cannot fix, and to have that held against me, it negatively impacted my military career. I was at a point in my career where I was supposed to get a meritorious promotion, but did not get it because I was considered overweight by their metrics.

ACLU: Why is it important to have representation in the military?

Veteran Mintlow: It’s important to have a diverse population amongst enlisted members and officers so that people who are not in the military have an opportunity to see themselves in the military. When I wasn’t in the military, every person I saw in the Marine Corps was a man. So while I was at my recruiter’s office, they had a poster on the wall of a Black woman in a blue dress, and I said, I need to see her in real life. When I went to the Military Entrance Processing Station, which is where you do your swearing in and you sign all your paperwork, I met a Black woman. She was my visual. I knew I could do this because she looked like me and she did it. It’s very important to have those role models and those mentors in real life. When we see people who are like us, doing these things, it gives us the initiative, the drive, and the inspiration to know that we can do those things, too.

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