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DEI Jim Crow


Proposed Bill Title:


An Act to Prohibit Discriminatory and Unconstitutional Diversity, Equity, and Inclusion (DEI) Business Practices with Race-Based Incentive Programs


Preamble:


Recognizing the importance of equal protection under the law, and considering the recent legal decisions that have found certain DEI practices to be in violation of the Equal Protection Clause of the Fourteenth Amendment and other applicable laws, this Act seeks to ensure that businesses and organizations operate in a manner that is consistent with the principles of non-discrimination and equal opportunity for all individuals, regardless of race, ethnicity, or other protected characteristics.


Section 1: Findings and Purpose


(a) The Legislature finds that certain DEI business practices with race-based incentive programs have been found to be discriminatory and unconstitutional by federal courts, including the U.S. District Court for the Northern District of Texas and the U.S. Court of Appeals for the Eleventh Circuit.


(b) The purpose of this Act is to prohibit businesses and organizations from engaging in DEI practices that discriminate against individuals on the basis of race, ethnicity, or other protected characteristics, and to ensure compliance with the Equal Protection Clause of the Fourteenth Amendment and other applicable laws.


Section 2: Definitions


For the purposes of this Act:


(a) "DEI business practices" means any program, policy, or practice implemented by a business or organization that aims to promote diversity, equity, and inclusion among its employees, customers, or other stakeholders.


(b) "Race-based incentive program" means any DEI business practice that provides preferential treatment, benefits, or opportunities to individuals based on their race, ethnicity, or other protected characteristics.


Section 3: Prohibition of Discriminatory and Unconstitutional DEI Business Practices


(a) No business or organization shall implement, maintain, or enforce any DEI business practice that discriminates against individuals on the basis of race, ethnicity, or other protected characteristics.


(b) No business or organization shall implement, maintain, or enforce any race-based incentive program as part of its DEI business practices.


Section 4: Enforcement and Penalties


(a) Any individual who believes that they have been discriminated against in violation of this Act may file a complaint with the appropriate state or federal agency responsible for enforcing anti-discrimination laws.


(b) Any business or organization found to be in violation of this Act may be subject to civil penalties, including fines, damages, and injunctive relief, as determined by a court of competent jurisdiction.


Section 5: Severability


If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.


Section 6: Effective Date


This Act shall take effect immediately upon its passage and approval by the Governor.


Section 7: Applicability


This Act applies to all businesses and organizations operating within the state, regardless of size or industry.


Section 8: Reporting Requirements


Businesses and organizations subject to this Act shall submit annual reports to the appropriate state agency detailing their compliance with the Act, including any DEI business practices implemented and any complaints or enforcement actions taken against them under this Act.


Section 9: Sunset Clause


This Act shall expire five years from its effective date, unless extended or reauthorized by the Legislature.


Section 10: Legislative Intent


It is the intent of the Legislature that this Act be interpreted and applied in a manner consistent with the principles of equal protection under the law and non-discrimination for all individuals, regardless of race, ethnicity, or other protected characteristics.

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