Utah becomes the latest state to limit DE&I in state universities and government

As DE&I programs come under increased scrutiny, some states are debating on and passing bans on DE&I initiatives in their governments and public colleges. Utah is the latest state to limit DE&I.

Governor Spencer Cox on Jan. 30 signed into law HB 261, which replaces on-campus DE&I departments with programs that include everyone, and puts new restrictions on DE&I in the state government. The law, which goes into effect on July 1, prohibits state employers from requiring workers to participate in training “that promotes differential treatment.”

“We’ve been concerned about some DE&I programs and policies, particularly with hiring practices, and this bill offers a balanced solution,” Cox said in a statement, noting that the DE&I money will go to help students of all backgrounds. “We firmly believe that Utah is stronger because of our diversity and we remain committed to keeping our state a place where everyone can thrive.

Opposers to the Utah bill believe it will harm students from underrepresented groups. “Erasing someone’s history is never the solution…The years investing in creating a safe environment for all and fostering dialogue and education will be damaged,” Utah Senate Minority Leader Luz Escamilla said on the house floor, according to Utah News Dispatch.

Utah’s law follows similar legislation passed previously in Tennessee, Florida, and Texas, and precedes 18 additional bills that will be decided on this year, according to the Chronicle of Higher Education.

The business imperative. DE&I programs in public education and government are being targeted, in part, to send a message to the business world, Andrew Turnbull, a labor and employment lawyer at Morrison & Foerster, told HR Brew. “There’s a lot of different reasons they’re doing this but one of those is to scare other companies to comply into not doing these types of initiatives,” he said.

“The legislation is certainly something for a lot of companies to monitor,” Turnbull said. “Unfortunately, this is just creating one of those situations where a lot of companies are getting caught in the crosshairs of the pro and anti DE&I frameworks.”