Texas Democrats decry Abbott memo warning against diversity, equity, inclusion in hiring

Several Texas Democratic lawmakers are at odds with Gov. Greg Abbott over a memo sent by his office that warned against diversity, equity and inclusion initiatives in hiring.

Abbott’s Chief of Staff Gardner Pate earlier this month told state agency and public university leaders that such initiatives are illegal, according to the Texas Tribune, which obtained the memo.

“As the head of your agency, you have a duty to follow the law,” reads the memo, shared online by the Dallas Morning News. “When a state agency adjusts its employment practices based on factors other than merit, it is not following the law.”

Members of the Texas Legislative Black Caucus and Mexican American Legislative Caucus pushed back against the memo during a Tuesday news conference.

Rep. Ron Reynolds, chair of the Texas Legislative Black Caucus, said diversity, equity and inclusion initiatives go beyond race, taking things like gender, sexual orientation, disabilities and veteran status into account in hiring.

It is vital that Texas’ workforce reflects the diversity of the state, he said. And using diversity, equity and inclusion initiatives does not mean the applicant or employee doesn’t have the expertise and merit to excel, said Reynolds, a Missouri City Democrat.

“As we have seen time in and time out, our diversity is our strength,” Reynolds said. “Drawing our talent pool from such a diverse workforce only serves to better our agencies and institutions of higher education.”

Texas NAACP President Gary Bledsoe, who spoke at the news conference, called on the NBA, NFL, MLB and college basketball and baseball teams to decline to host major sporting events in the state until Abbott reverses course.

“I am proud to say that the NAACP urges all citizens of good will to join us and our partners in fighting to stop our state from continuing to move back to Jim Crow,” Bledsoe said. “We do not say this as hyperbole to make a point, but because it is real as we continue to see more laws and initiatives that are aimed at advancing white supremacy.”

Speakers, including a representative from the Texas Civil Rights Project, disputed that diversity, equity and inclusion initiatives are illegal.

Bledsoe referenced a fact sheet from the U.S. Department of Education Office for Civil Rights that says diversity, equity, and inclusion training are, in most cases, consistent with Title VI of the Civil Rights Act of 1964. The law prohibits discrimination in programs and activities that get federal dollars from discrimination on the basis of race, color and national origin.

The memo from Pate doesn’t say which specific laws the governor’s office believes are being violated, but Spokesperson Renae Eze in a text said Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code, as well as the Equal Protection Clause, make equity quotas illegal for public employers.

“The letter from the Governor’s chief of staff is a reminder that state agencies and public universities must follow federal and state law in their hiring practices, including the Civil Rights Act which protects diversity and inclusion,” Eze said in an emailed statement. “Both federal and state law make equity quotas illegal. The issue is not diversity — the issue is that equity is not equality, and DEI hiring practices conflate the two. In Texas, we give people a chance to advance based on talent and merit. Aspiring to Dr. Martin Luther King, Jr.’s dream, we should not be judged by the color of our skin, but by the content of our character.”

The memo from Abbott’s office argues that rather than increasing diversity in workplaces, diversity, equity and inclusion initiatives in hiring practices are “having the opposite effect and are being advanced in ways that proactively encourage discrimination in the workplace” leading to “the exclusion and alienation of individuals from the workplace.”

Michael Z. Green, a professor of law and director of the Workplace Law Program at the Texas A&M University School of Law, said he is not aware of state or federal laws that bans diversity, equity and inclusion initiatives in hiring. The Star-Telegram has followed up with details of the specific laws Abbott’s office is citing, which were provided after a Tuesday afternoon interview with Green.

In the interview, Green guessed that the state might point to Title VII, which bars discrimination on the basis of race, color, religion, sex or national origin.

“But Title VII is about prohibiting discrimination in the work place, so you’d have to tell me how having a diversity, equity and inclusion program as part of your hiring process is somehow discriminating,” he said, adding, “I don’t know of any law that says that. I don’t know of any case law that says having a program and considering it is illegal.”

Speakers at the news conference suggested the memo is political in nature as Abbott’s name is floated as a 2024 presidential candidate and a diversion from other legislative issues, like the state’s power grid.

“Minorities who have given blood, sweat and tears to build this state and grow this economy at minimum deserve respect,” said Rep. Trey Martinez Fischer, a San Antonio Democrat who chairs the House Democratic Caucus.

Lt. Gov. Dan Patrick on Monday announced that banning diversity, equity and inclusion is among his top 30 priorities for lawmakers this legislative session. Also included is banning “critical race theory” in higher education and “eliminating tenure” for professors.

Abbott is expected to lay out his top priorities during his Thursday State of the State address.