Tracking American DEI Legislation

SB 129 (2024)

Subtitle: Certain discriminatory concepts in certain public settings prohibited.
Became Law: March 20, 2024

Description:
SB 129 prohibits a list of discriminatory concepts drawn from the Executive Order on Combating Race and Sex Stereotyping (September 22, 2020), and which effectively prohibits administrative use of “diversity, equity, and inclusion” (DEI) ideology. It also prohibits a portion of action civics by prohibiting “an activity that involves lobbying at the state or local level for legislation related to a discriminatory concept.”

SB 129 applies to state agencies, local board of educations, public institutions of higher education and contractors, and covers trainings, coursework, and grants, including federal funding. State agencies, local board of educations, and public institutions of higher education “may discipline or terminate the employment of any employee or contractor who knowingly violates this act,” subject to regular procedures and appeal.

SB 129 stipulates that:

• • Student, staff, and faculty organizations and associations may still host DEI programs and discuss discriminatory concepts, if they use no state funds, and if they identify a sponsor for any relevant event.
  • Employees and contractors may answer questions about DEI concepts.
  • Public universities may still satisfy accreditation standards and requirements.
  • Public institutions of higher education may teach DEI concepts objectively, collect demographic data, teach historical concepts in context, and conduct research and collect data targeted to particular demographics,
  • The law allows state agencies to promote “racial, cultural, or ethnic diversity or inclusiveness, provided these efforts are consistent with the requirements of this act.”
  • The law allows sex-segregated housing and restrooms.
  • The law may not be construed to violate First Amendment rights or intellectual diversity.
  • The law will not affect diversity requirements for state boards or affect the Alabama Office of Minority Affairs.

Assessment:
SB 129 provides a general prohibition of the concepts of DEI, including explicit coverage of higher education. Its various stipulations should protect it from legal challenge, although they also provide practical loopholes for DEI indoctrination. SB 129 provides for sanctions, but does not require that one employee be responsible for compliance. SB 129 does not provide a means for policymakers and the public to receive independent information that universities will comply with SB 627.