In recent years, businesses and organizations have engaged in patterns and practices of unlawful discrimination under the guise of diversity, equity, and inclusion (“DEI”). As the U.S. Attorney General stated, these patterns and practices not only violate the law, but they are also “dangerous, demeaning, and immoral.” 1 States should therefore prohibit their agencies and subdivisions from awarding grants of state funds to private or public entities that engage in DEI practices and, likewise, prohibit entities that accept grants of state funds from engaging in these harmful and unlawful practices.
Summary: AN ACT relating to state grants and diversity, equity, and inclusion.
SECTION 1. Definitions
- “Diversity, equity, and inclusion” means any differential treatment of, or assignment of any fault or blame to, an individual or group based on race, color, ethnicity, national origin (other than as it relates to immigration status under United States law), sex (other than related to sex-segregated facilities, such as dormitories and bathrooms, or athletic programs), sexual orientation, or gender identity.
- “Diversity, equity, and inclusion practice or procedure” means any initiative, policy, program, mandate, requirement, standard, metric, statistic, or other practice or procedure related to diversity, equity, and inclusion.
- “Governmental entity” means this state or any agency, division, department or political subdivision of this state, including but not limited to any county, city [list all other subdivisions possible in the state (village, borough, school district, water district, etc.)], or any school, college, university, administration, authority, or other enterprise operated by the state or any political subdivision of the state.
- “Grant” means an award of funds by a governmental entity to a person or public or private entity or group that is to be used for a specified purpose or activity and that is not required to be repaid to the governmental entity. For purposes of this definition, the source of the funds includes any and all funds subject to the control of the governmental entity, including but not limited to, funds received or directed by the governmental entity as a result of litigation or a settlement.
Section 2. Prohibition on Awarding Grants
- Unless required by federal law, a governmental entity shall not provide a grant or any part of a grant to any person or public or private entity or group that engages in any diversity, equity, and inclusion practice or procedure with respect to its hiring, employment, or operations.
- Unless prohibited by federal law, each governmental entity shall require a person, entity, or group, before receiving a grant or any part of a grant, to certify that the person, entity, or group has not engaged at any point in the preceding two years, and will not engage for the longer of the next two years or the full duration of the grant, in any diversity, equity, and inclusion practice or procedure with respect to its hiring, employment, or operations.
- Unless required by federal law, a person, entity, or group that has been awarded a grant of state funds from a governmental entity shall not knowingly or negligently sign a false certification pursuant to subsection (B) of this section, and shall not engage in any diversity, equity, and inclusion practice or procedure for the longer of the full duration of the grant or two years after accepting a grant.
Section 3. Civil Enforcement
- In addition to any authority given by law to any person or any other department or division of this state or its subdivisions, the Attorney General may commence a civil action for violations of this act.
- In such civil action, the court may:
- award declaratory and injunctive relief;
- order the return of the grant funds or any portion of the grant funds to the governmental entity;
- assess civil penalties against an entity in violation of Section 3 not to exceed $10,000 per violation in this state, to be paid to [insert fund or department];
- award costs and reasonable attorneys’ fees to the Attorney General; and
- award any other relief as may be appropriate under the laws of this state.
Section 4. Effective Date
This Act applies to all grants or parts of grants awarded on or after the effective date of this Act.