U. California Santa Cruz Sued for Mandating Job Applicants to Provide a DEI Statement
“…it imposes a condition on employment that would be unconstitutional if done outright.”
The University of California system and leaders at UC Santa Cruz face a lawsuit over forcing people to submit a DEI statement with their application. From The College Fix:
The Pacific Legal Foundation filed the lawsuit on behalf of J.D. Haltigan, a former University of Toronto psychology professor, who argues the university’s DEI statement requirement runs afoul of the First Amendment because it requires Haltigan “to express ideas with which he disagrees in order to be eligible for employment.”
The lawsuit states UC Santa Cruz applicants “must express agreement with specific socio-political ideas, including the view that treating individuals differently based on their race or sex is desirable.”
But Haltigan’s support of colorblind inclusivity, viewpoint diversity and merit-based evaluations stands against UC Santa Cruz’s publicly stated progressive stances and policies, it alleges.
“Because the DEI Statement Requirement requires Dr. Haltigan to affirm particular beliefs that are inherently separate from the qualifications for the position or the purpose of the University as a whole, it imposes a condition on employment that would be unconstitutional if done outright,” the lawsuit states.
This case “could not only put an end to the use of DEI statements to screen applicants in the UC system,” it could also “create good precedent for future challenges to these sort of policies,” Jack Brown, Haltigan’s attorney, told The College Fix via email.
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It’s about time someone sued them for effectively eliminating all Republicans and conservatives from their job searches. Like the Harvard/UNC lawsuit against racism, this lawsuit is needed to establish the fact that an employer cannot dictate its employees’ political opinions.
I noticed that my undergrad college required a “Diversity Statement” with the applications for a Civil Engineering position. I sent them a letter asking how the DEI statement was a job requirement for Civil Engineering, and telling them that I was writing the college out of my will until they stopped using political litmus tests. They didn’t answer.
this lawsuit is needed to establish the fact that an employer cannot dictate its employees’ political opinions.
Of course they can. An employer can dictate that its employees say whatever the employer wants. The government can’t, and UC Santa Cruz is a government institution.
As always, soi-disant conservatives love Big Daddy Government when they get to decide the targets of its wrath. The solution here is to get the government out of the business of funding education entirely, and allow universities and students to choose for themselves who goes where.
>>An employer can dictate that its employees say whatever the employer wants.<< In general, you're correct. But this is California . . . . See California Labor Code 1101(2), which prohibits employers from “controlling or directing, or tending to control or direct the political activities or affiliations of employees.” Now, this law was passed to protect the left from political discrimination. But where an employer -- public or private -- requires employees to pledge allegiance to BLM, DEI, Kendian "anti-racism," etc., as a condition of employment, methinks they may run afoul of it. But you are correct that the First Amendment / compelled speech argument against UC is much cleaner.