DEIB is neither unconstitutional nor illegal. Nevertheless, opponents attacking DEIB efforts now claim they violate the U.S. Supreme Court’s 2023 decision that struck down race-based affirmative action provisions in higher education. DEIB Leaders need to be able to explain why this is not the case.

“[E]mployment law has not changed, and companies can choose to continue to implement DEIB policies designed to eliminate bias, cultivate a diverse pipeline of talent and promote equal opportunity in hiring, promotion and procurement.” Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision https://www.skadden.com/insights/publications/2023/09/quarterly-insights/corporate-dei-polices-face-scrutiny  Countless initiatives promote the principles of DEIB without employing the broad racial preferences that the Supreme Court found objectionable.