Legislators May Ban Mandatory Diversity, Equity and Inclusion Programs at State Agencies

A bill that would ban state agencies from implementing mandatory diversity, equity and inclusion programs passed out of committee last week, with proponents arguing these programs are expensive and discriminatory and opponents arguing they are an attempt to prevent discrimination and reconcile the past.

Rep. George Nikolakakos, R-Great Falls, said his House Bill 635 would also prevent state agencies spending public funds on diversity, equity and inclusion programs, and from using diversity statements on employment applications. Nikolakakos specified that HB 635 does not interfere with schools teaching the history of tribal nations, Title IX education, sexual harassment trainings or disability education.

Nikolakakos said required diversity, equity and inclusion programs are discriminatory, and contrary to Montana’s individualist culture.

“They seek to divide Montanans into groups, promote a culture of victimhood over a culture of resistance, and seek to ensure an equality of outcome over a system of merit,” Nikolakakos said.

Amelia Gilsdorf of the Foundation for Government Accountability spoke in support of the bill, adding that the foundation is committed to working with the sponsor to finalize the bill’s language.

Opponents to the bill included Kelsen Young with the Montana Coalition Against Domestic and Sexual Violence. Young said she objected to the principle that these programs are discriminatory since the whole idea of these programs was to identify discrimination against certain groups and bring it to light.

“The whole intent was to try to say, we as a culture need to take responsibility for the harms we have caused,” Young said. “We need to understand how there is diversity within our communities and that people have different identities, different experiences, et cetera.”

Patrick Yawakie, representing the Blackfeet Tribe, the Chippewa Cree Tribe of Rocky Boy and the Fort Belknap Indian Community also spoke against the bill. Yawakie asked for an amendment that would ensure that the bill would not interfere with education about treaties, policies, culture and timelines of the tribal nations of Montana.