Equity Undone: How the Dismantle DEI Act Threatens Marginalized Communities

The far-reaching impact of the Dismantle DEI Act and how it threatens the rights and opportunities of marginalized people.

A dynamic graphic collage featuring key elements: the United States Capitol building, individuals engaged in everyday activities and work, symbols of money and lights, and a figure wearing a hat with the acronym “DEI” prominently displayed. At the top, bold text reads “Equity Undone,” reflecting both the theme of the image and the focus of the blog post.
A dynamic graphic collage featuring key elements: the United States Capitol building, individuals engaged in everyday activities and work, symbols of money and lights, and a figure wearing a hat with the acronym “DEI” prominently displayed. At the top, bold text reads “Equity Undone,” reflecting both the theme of the image and the focus of the blog post.

The Dismantle DEI Act was introduced by Senator and Vice President-Elect JD Vance (S.4516) and Representative Michael Cloud (H.R.8706). The Bill seeks to eliminate federal programs and policies focused on Diversity, Equity, and Inclusion (DEI), echoing the goals of Project 2025, and has been making its way through Congress. You may have seen some of the recent videos coming out of the House Oversight Committee hearing of the tense debate, one that is very much split along party lines. The proposed legislation aims to:

Eliminate DEI Offices

It would terminate DEI offices and positions, such as Chief Diversity Officers, within federal agencies.

End Federal DEI Mandates

The Act would prohibit federal contractors, grant recipients, and accreditation agencies from implementing DEI requirements.

Rescind Executive Orders

It targets executive orders under the Biden administration that expanded DEI initiatives, including mandatory diversity training and DEI-related employee pledges.

Redirect Funding

The Act would cut funding for DEI programs across multiple agencies, including the Department of Defense and the Department of Health and Human Services, claiming these initiatives are wasteful and divisive.

Supporters argue that DEI policies promote division and discrimination, prioritizing identity over merit. They advocate for focusing on equality and meritocracy. Critics of the Act, however, point out the multiple ways in which it undermines efforts to address systemic inequities and promote diversity within federal institutions. This article is focusing on the intersectional harms such legislation would cause.

This is of particular importance as, even if this Bill fails to pass into law, the Trump Administration has made it clear that anti-DEI efforts are a core part of their strategy. It is no secret that we, at the Center for Racial and Disability Justice (CRDJ), have already been targeted by these efforts. Indeed our founder and the Center itself has been named in a spurious lawsuit filed by an organization named Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP). This organization is represented by America First Legal, which was founded by Stephen Miller who has just been tapped to serve as deputy chief of staff for policy in the Trump Administration. We as a society are teetering on the precipice of the dismantling of DEI. This Act, focusing primarily on the federal sector, is a harbinger of what is to come.

Harm to Disabled People

The Act poses potential risks to disabled people by potentially removing federal policies and initiatives designed to promote accessibility and inclusion, which are often tied to broader DEI frameworks. Here are the key concerns:

Reduced Focus on Accessibility

Many federal DEI programs include accessibility measures aimed at ensuring that disabled individuals have equitable access to services, opportunities, and workplaces. Eliminating DEI offices and programs could decrease emphasis on accessibility improvements in hiring, training, and physical or digital accommodations.

Threats to Inclusive Hiring Practices

Federal DEI efforts often include initiatives that encourage hiring and retaining individuals with disabilities. By shifting focus away from such programs, the Act could lead to reduced representation of disabled individuals in the workforce and fewer accommodations to support their success.

Impact on Federal Contractors

The Act proposes restrictions on DEI mandates for contractors and grant recipients. This could discourage businesses and organizations from investing in accessibility measures or inclusive practices, as they would no longer be incentivized or required to do so under federal contracts.

Broad Definitions

Since DEI is framed broadly within the Act, measures directly benefiting disabled individuals, such as those tied to accessibility standards, workplace adjustments, or training on disability inclusion, may be cut even if they do not directly align with other DEI objectives.

By removing structural mechanisms supporting inclusion, the Act could hinder progress toward equality for disabled individuals and create additional barriers to participation in public life and the workforce. Critics of the bill argue that such changes risk exacerbating disparities for already marginalized groups.

Harm to People of Color

The Act poses significant threats to Black, Indigenous, People of Color (BIPOC) by potentially rolling back policies and programs designed to address racial inequities and promote inclusion. Key risks include:

Elimination of Diversity-Focused Hiring and Retention Programs

DEI initiatives often include measures to increase the hiring and promotion of underrepresented racial and ethnic groups in federal agencies and among federal contractors. Without these programs, people of color may face reduced opportunities for employment and advancement in government and federally funded organizations.

Weakening Civil Rights Protections

While the Act purports to promote “color-blind” governance, critics argue this approach ignores systemic inequities and historic disadvantages faced by people of color. Removing DEI policies could dismantle safeguards that ensure equitable treatment in hiring, contracting, and workplace environments.

Impact on Federal Funding and Grants

The Act aims to prevent federal funding from being used for DEI-related programs. This could disproportionately affect community organizations, educational institutions, and nonprofits that provide essential services to people of color and rely on federal grants for initiatives promoting racial equity.

Loss of Anti-Bias Training

DEI programs often include training to address implicit bias, workplace discrimination, and systemic racism. The removal of such programs may lead to environments less attuned to addressing racial disparities, fostering discrimination, or maintaining inclusive workplace cultures.

Erosion of Educational Equity

The Act could limit accreditation standards and funding tied to DEI in higher education. This might result in fewer resources for programs that support students of color, such as scholarships, mentorship opportunities, and equity-focused curriculum reforms.

Reinforcement of Systemic Inequalities

By dismantling DEI initiatives, the Act could hinder progress in addressing racial disparities in areas such as healthcare, education, housing, and employment. It may also reduce accountability in agencies and contractors for discriminatory practices.

The Act frames DEI initiatives as divisive and inefficient, but critics argue it overlooks the role these programs play in fostering equity and opportunity for marginalized groups. Without these structures, systemic barriers could persist or worsen, further marginalizing communities of color in federal spaces and beyond.

Harm to LGBT+ People

The Act poses potential risks to LGBT+ people by targeting programs, policies, and funding designed to foster inclusion and address discrimination within federal spaces. Here are the primary threats:

Elimination of Inclusion Programs

DEI initiatives often include measures to ensure that LGBT+ individuals are represented and supported in the workplace. Removing these programs could result in fewer protections, mentorship opportunities, or advocacy for LGBT+ inclusion in federal agencies and among contractors.

Loss of Anti-Discrimination Training

DEI frameworks frequently incorporate training to combat discrimination, including bias against sexual orientation and gender identity. Without these educational initiatives, workplaces may become less inclusive and more hostile for LGBT+ individuals.

Impact on Federal Contractors and Grant Recipients

By barring DEI mandates for federal contractors and grant recipients, the Act could discourage organizations from adopting LGBT+ supportive policies, such as non-discrimination clauses or equitable benefits for same-sex partners and transgender employees.

Reduced Accountability

DEI programs often provide mechanisms for addressing discrimination and creating equitable workplace environments. Removing these structures could lead to a lack of accountability for discriminatory practices, making it harder for LGBT+ employees to seek recourse for inequitable treatment.

Threats to Representation and Advocacy

The closure of DEI offices and the elimination of Chief Diversity Officers could reduce the advocacy and representation of LGBT+ voices within federal agencies. This may limit efforts to address systemic inequities or create inclusive environments for LGBT+ individuals.

Erosion of Inclusive Policies in Education

The Act also targets accreditation standards tied to DEI, which could undermine programs in educational institutions that support LGBT+ students. Initiatives such as inclusive curricula, safe spaces, and anti-bullying campaigns might lose federal backing.

Potential Backlash Against Protections

Critics argue that framing DEI initiatives as divisive could embolden efforts to roll back broader protections for LGBT+ individuals, reinforcing stigma and limiting progress toward equality.

The Act’s approach to eliminating DEI policies risks marginalizing LGBT+ individuals in federal and federally-funded spaces by de-prioritizing efforts to address systemic discrimination and promote inclusion. It could exacerbate disparities in workplace equity, representation, and access to resources critical for the well-being of LGBT+ communities.

Intersectional Harm

The Act poses compounded threats to individuals who are both disabled and part of BIPOC or LGBT+ communities, as it undermines intersecting supports and protections designed to address their unique challenges. These individuals often face discrimination based on multiple aspects of their identity, and dismantling DEI programs increases their vulnerability to systemic inequities. Key risks include:

Loss of Intersectional Protections

DEI initiatives frequently address the overlapping forms of discrimination experienced by people at the intersection of race, disability, and sexual orientation or gender identity. Without these programs, agencies may fail to account for the compounded barriers faced by disabled BIPOC or LGBT+ individuals, leaving them with fewer resources or remedies for discrimination.

Reduced Workplace Accessibility and Inclusion

Many DEI programs promote not only physical accessibility for disabled individuals but also cultural competence regarding race, ethnicity, and LGBT+ issues. Eliminating these programs may lead to workplace environments that fail to meet the nuanced needs of individuals who face both ableism and racism or homophobia/transphobia.

Erosion of Targeted Hiring and Support Programs

DEI policies often encourage the recruitment and retention of diverse candidates, including those who are disabled and BIPOC or LGBT+. The Act’s removal of these initiatives could disproportionately affect this group, reducing opportunities for employment and advancement in federal spaces or federally funded programs.

Impact on Healthcare Equity

Intersectional DEI initiatives in healthcare address the compounded disparities faced by disabled BIPOC or LGBT+ individuals, such as racial bias in medical treatment and barriers to LGBT+-inclusive care. Removing these supports could worsen health outcomes and limit access to essential care for this vulnerable group.

Loss of Intersectional Anti-Bias Training

DEI programs often include training to address biases at the intersections of race, disability, and sexual orientation or gender identity. Eliminating such training increases the likelihood of discrimination going unaddressed in workplace, healthcare, and educational settings.

Threats to Representation

Disabled BIPOC and LGBT+ individuals often benefit from DEI programs that amplify diverse voices in decision-making processes. Without these initiatives, their representation in leadership roles or policy discussions may decline, reducing advocacy for their needs.

Exclusion from Federal Contracts and Grants

By eliminating DEI mandates for contractors and grant recipients, the Act could discourage organizations from prioritizing accessibility and inclusivity. This could disproportionately affect disabled BIPOC and LGBT+ individuals who rely on these policies for equitable treatment and opportunities.

Educational Disparities

Educational institutions that support disabled students and prioritize racial or LGBT+ equity may lose federal backing due to the Act’s restrictions on DEI-related accreditation standards. This could limit access to safe and inclusive educational environments for disabled BIPOC or LGBT+ students.

The Act undermines the structural supports that address intersecting inequities faced by disabled BIPOC and LGBT+ individuals, compounding their marginalization. By dismantling intersectional DEI programs, it risks leaving this group without critical resources, representation, or protections in workplaces, education, healthcare, and public services. Critics argue that these changes would exacerbate existing disparities and roll back progress toward equity and inclusion.

Summary

The Dismantle DEI Act poses serious risks to individuals from marginalized communities, including disabled, BIPOC, and LGBT+ individuals, particularly those at the intersection of these identities. By eliminating federal programs and funding related to DEI, the Act threatens to undo systemic efforts to address discrimination and inequities in workplaces, education, healthcare, and public services.

Key Risks to Marginalized Communities

Disabled People

The Act may remove accessibility-focused initiatives within DEI programs, reducing support for workplace accommodations, inclusive hiring, and anti-bias training. Without these programs, disabled individuals could face heightened barriers to participation and representation in federal spaces and beyond.

People of Color

DEI initiatives often address systemic racial inequities through hiring programs, anti-discrimination training, and equity-focused policies. Eliminating these measures risks perpetuating racial disparities and reducing accountability for discriminatory practices in federal agencies and federally funded organizations.

LGBT+ Individuals

The Act undermines protections against bias and exclusion by removing DEI offices and anti-discrimination training that support LGBT+ inclusion. It also risks discouraging contractors and grant recipients from adopting inclusive policies and practices, further marginalizing LGBT+ people.

Disabled BIPOC and LGBT+ Individuals

The intersectional needs of those who face multiple forms of discrimination are particularly at risk. Without DEI programs, the unique challenges of this group — such as compounded barriers in employment, healthcare, and education — may go unaddressed, worsening disparities in access and equity.

Broader Implications

The Act’s repeal of DEI initiatives could erode progress in equity and inclusion, leaving marginalized groups more vulnerable to systemic discrimination. Critics argue that the Act’s push for “color-blind” policies ignores the realities of intersecting inequities, reinforcing structures that disadvantage those with multiple marginalized identities. Without these programs, critical safeguards for diversity, equity, and inclusion may be lost, potentially deepening social and economic divides.

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Center for Racial and Disability Justice
Center for Racial and Disability Justice

Written by Center for Racial and Disability Justice

Promoting justice for people of color, people with disabilities, and individuals at the intersection of race & disability at Northwestern Law School.

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