What Is Diversity, Equity, Inclusion and Accessibility (DEIA)? What Changes Are Happening with DEIA?
The President has been attacking DEI and DEIA efforts in the government. “DEI” stands for “diversity, equity, and inclusion”. This means that places like workplaces, or the government should treat everyone equally. They should also give opportunities to everyone equally. The “A” stands for “accessibility”. In this case, “accessibility” refers to access to people who have disabilities. We’re going to use “DEIA”, since AAPD believes accessibility is important to diversity.
Historically, certain groups of people were treated unfairly by the government. People who are Black, Indigenous, or LGBTQIA+ are some examples. This also includes disabled people. DEIA tries to fix this unfairness.
The President has done this with something called “executive orders”. These are written orders from the President that says how something should be done. An executive order can not overrule an existing law. It is very common for Presidents to write executive orders. Or even undo executive orders by other Presidents.
What Do DEIA Initiatives Actually Do?
Before we start, it’s important to know that DEIA does is not discriminatory. DEIA is designed to help people who have been historically treated unfairly. DEIA does not harm people who have not.
Let’s use the workplace as an example. Sometimes DEIA initiatives can look like fair pay for everybody. Or putting guidelines in place that make hiring more fair.
Other times, DEIA may focus on specific groups. For example, putting captions on a Zoom meeting so that it is more accessible. Or giving a disabled employee an accommodation so they can do their job.
This is because of historical unfairness we mentioned earlier. These initiatives attempt to fix that. For example, inclusive hiring programs can increase the number of people considered for a job. These do not change the skills and expectations employers have of a person who is applying. Every person applying is still qualified.
There can be initiatives that that aren’t in the workplace, too. For example, considering more diverse people in safety planning, or research. Private companies and the government all create DEIA programs to treat more people fairly.
Isn’t DEIA A Pretty New Concept?
No. It has changed names many times throughout history, but DEIA as a concept has been around since 1918. Which is longer than most people alive today!
DEIA efforts have been around for decades, especially in the government. Previous Presidents understood how important government was in people’s lives. They believed government employees and programs should reflect American society.
The government is one of the largest employers in many communities accross the country. Many Presidents from both parties have taken action to end discrimination. They’ve also worked to promote equal employment opportunities.
A good example is a law called the “The Rehabilitation Act of 1973”. This was signed by Republican President Richard Nixon. This law says that programs and services offered by the government has to be accessible. It also says that the government and contractors take action to hire disabled people.
This is nothing new. Programs like this date back to 1918. Back then, the Soldier’s Rehabilitation Act helped disabled veterans find jobs. The Smith-Fess Act of 1920 extended vocational rehabilitation services to civilians with disabilities. In 1936, the Randolph Shepard Act gave blind vendors preference for federal contracts.
What Actions Has President Trump Taken on DEIA?
- He has told agencies to end programs that promote DEIA
- He ended all government contracts and grants related to equity and inclusion.
- He overturned executive orders from previous Presidents. Specifically, executive orders that tried to make the government more inclusive.
- Overturned Executive Order 11246 by President Johnson. This required each federal agency to have an equal employment opportunity program. It also disallowed discrimination by federal contractors. It also made contractors of a certain size to take affirmative action based on things like race.
- Force federal agencies and their grantees and contractors to say they have any DEIA programs that break any Federal anti-discrimination laws.
- Told agencies to investigate private companies that have DEIA initiatives.
- Told the Federal Aviation Administration to investigate all employees in safety jobs. This was done in an executive order that suggests that having a disability made someone unable to do these jobs.
- Forced agencies to have lists of banned words that have things to do with people who have been treated unfairly. Some examples are “disability,” “inclusion,” and “barriers.” It also includes “female,” “LGBT,” “activism,” “racism,” and “excluded”.
- Shut down research related to inclusion within the government. As well as issuing a “stop work” order to non-government institutions.
- Remove webpages, data, and federal resources related to inclusion and equity.
Does This Mean that DEI Is Illegal Now?
No. The executive order makes it clear that the President does not like DEIA. But there are laws that protect our rights, as well as the US Constitution. These Executive Orders do not change that.
How Does This Impact Disability Civil Rights, Like the ADA and Rehabilitation Act?
The Office of Personnel Management (OPM) is like the human resources agency for the government. They said that agencies should follow the law about accessibility. But, agencies need to do that with the fewest number of people possible. OPM also said that agencies shouldn’t stop disability-related accommodations. Especially ones that are required by the ADA or Rehabilitation Act
But the words of OPM memos do not match the actions of agencies. AAPD has learned that some agencies were reviewing some employees accommodations. This carries great risk for disabled employees who work for the government. As well as reports that some agencies are firing people who help others receive access.
What About Federal Disability Hiring Programs? How Are They Affected?
The Rehabilitation Act of 1973 required the government to hire qualified disabled employees. This resulted in what is called the “Schedule A Hiring Authority.” This streamlined the hiring process for disabled job applicants. It still means that they are qualified to do the jobs.
This law cannot be undone by an executive order. So, it shouldn’t stop Schedule A hiring. But OPM released a memo saying that agencies need to stop employment actions based on certain characteristics. One of these is disability. This suggests that OPM is directing agencies to stop programs that promote hiring employees with disabilities.
Schedule A employees are being negatively affected in other ways, too. Under Schedule A, your probationary period is twice as long. A probationary period is like a trial period where the employer sees if the employee is a good fit. If the government starts doing mass layoffs, probationary employees are at a higher risk. Agencies have stated that they will have to review all existing accommodations. AAPD is concerned that these reviews will lead to disabled employees not getting the accommodations they need.
How Will These Actions Affect Disabled People?
This will affect disabled people. Especially disabled people of color or queer disabled people. This is because the government is the largest employer of disabled people.
The government also sets standards of accessibility for everyone. Other companies, states, and large cities rely on this information. Depending on how these executive orders are interpreted, this could all stop. President Trump’s sudden federal funding freeze also negatively harmed some disability organizations.
These actions have already harmed accessibility of information. Federal law requires that all government information be accessible. But these efforts have all hurt access to that information.
Some of the impacts include:
- Section 508 contracts have been terminated. Section 508 refers to a part of the Rehabilitation act that sets access standards. These standards are for electronic content, like what you’re reading right now. Specifically, these standards help people who are blind or low vision
- Workers who have worked remotely have been given orders to return to in-person work
- Some agencies have accessibility programs under their DEIA programs. For example, Deaf federal employees report being unable to access ASL interpreting services. Or, the White House not providing ASL interpretation of its broadcasts. Even though they are required by law to do so.
- Gathering lists of probationary employees which will include people hired through Schedule A.
What is AAPD Doing About This?
We’re watching the situation closely. We are very concerned about the slow dismantling of accessibility services. As well as the implications that employees with disabilities cannot do jobs.
Some of the Trump Administration’s actions may be illegal. Many lawsuits are ongoing, and many more may be filed. AAPD is working closely with allies and partner organizations to speak out and support lawsuits against these actions.