The Dismantle DEI Act: One Potential Blueprint For Forthcoming Attacks On DEI

At the same time, the new administration's anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile cases. Additionally, despite serious concerns that the Supreme Court of the United States would weigh in on DEI programs in the much-discussed case, Muldrow v. City of St. Louis, the Court chose instead to stay out of the fray.

Amidst this fractious backdrop, one bill that was making its way through the last Congress, and is expected to be reintroduced soon, may provide employers with key insights into DEI opponents' next strategies: The Dismantle DEI Act (the Act). The Act, proposed by Republican Congressman Michael Cloud (TX-27) and previously co-sponsored by Vice President-elect (then-Senator) JD Vance, has not yet passed either chamber of Congress. However, the Act's provisions may form the basis for an early executive order by the new