State-Level DEI Act

This act creates a framework to ensure inclusivity in [STATE] government by establishing a Diversity, Equity, and Inclusivity Office to identify barriers to inclusivity and support diverse government staff and appointees, requiring regular reporting on diversity within government, and making that data available to the public.

Policy Proposal

SECTION 1 (TITLE)

This act shall be known as the Inclusive [STATE] Act.

SECTION 2 (PURPOSE)

This act creates a framework to ensure inclusivity in [STATE] government by establishing a Diversity, Equity, and Inclusivity Office to identify barriers to inclusivity and support diverse government staff and appointees, requiring regular reporting on diversity within government, and making that data available to the public.

SECTION 3 (LEGISLATIVE FINDINGS)

(a) [STATE] includes a diverse mix of people, all of whom deserve to be represented in the State government.

(b) [STATE] government is most effective when the government reflects the people of [STATE].

(c) It is a goal of [STATE] to have the demographics of people who work in leadership and other governmental roles reflect the demographics of [STATE].

(d) Certain communities have been historically underrepresented in government, and barriers to a truly representative government continue to exist in [STATE].

(e) It is the duty of the government to work to remove those barriers and to build a government that looks like the people it represents.

(f) Transparency about representation in government is a key tool to improving representation.

SECTION 4 (ESTABLISHING A DIVERSITY, EQUITY, AND INCLUSION OFFICE) – OPTION 1

(a) The Diversity, Equity, and Inclusion Office is an independent agency1.

(b) The Office is subject to appropriations by the legislature.

(c) The Governor shall appoint the director of the office subject to confirmation by the Senate. Initial appointment must be made within three months from the office’s creation or its receipt of appropriations, whichever is later.

(d) The governing board of the Office shall have nine members, three each appointed by the Governor, the [Head of the Senate], and the [Head of the House]. Each board member will serve a term of two years, and will be eligible for reappointment upon completion of the term. Initial appointments must be made within three months from the office’s creation or its receipt of appropriations, whichever is later.

(e) Each appointer must select at least one board member who has expertise in diversity, equity, and inclusion practices, for example in a corporate, state agency, higher education, or civil society setting, and at least one board member who has experience advocating for an underrepresented community.

(f) Board membership should reflect the diversity of the State with respect to the Equal Employment Opportunity Commission’s protected classes, which include, but are not limited to: gender, gender identity, race, color, age, religion, sexual orientation, disability, genetic information, national origin, tribal citizenship, familial obligations, veteran status, and previous civic service, as well as tending to the importance of socioeconomic status, geography and cultural heritage.

(g) If board membership does not reflect the diversity of the State, then within 30 days of final appointments, any two of the Governor, [Head of the Senate], [Head of the House], or any elected member of the Legislature can request the reappointment of the board. New appointments under this subsection must take place within 30 days

(h) The duties of the Office shall include:

  1. Developing a Diversity, Equity, and Inclusion Universal Policy to guide and direct State agencies in creating long-term, strategic plans with the goal of inclusive, anti-discriminatory workplace cultures, and implementing equitable hiring, compensation, advancement, and retention practices;
  2. Developing and delivering required annual training for all State employees, elected officials, and appointees on diversity, equity, and inclusion, including specific training for State supervisors and executive leaders;
  3. Tracking diversity and inclusion in State leadership over time, including tracking applicant pools;
  4. Setting goals for diversity and inclusion in State leadership;
  5. Identifying areas where the State is failing to meet its diversity and inclusion goals and identifying potential causes of that failure and ways to address it;
  6. Establishing a grievance mechanism with the State’s primary ethics body for internal and external stakeholders to hold the Office accountable; and
  7. Advising the Governor’s office and the Legislature on strategies to improve the recruitment, retention, and advancement of underrepresented demographics in State positions.

(h) The Office shall submit an annual report on their work, including policy recommendations, to the Office of the Governor and to the Legislature by [DATE] of each year. The report, as well as the deliverables outlined in subsection (h), will be made publicly available online by [DATE] of each year.

SECTION 4 (DIVERSITY, EQUITY, AND INCLUSION TASK FORCE) – OPTION 2

(a) The Diversity, Equity, and Inclusion Task Force is formed under the Office of the Governor.

(b) The Task Force consists of 9 members, three appointed each by the Governor, [Head of Senate], and [Head of House]. Each member will serve a term of two years, and initial appointments must be made within three months from the office’s creation or its receipt of appropriations, whichever is later.

(c) Each appointer must select at least two Task Force members who have expertise in diversity, equity, and inclusion practices, for example in a corporate, state agency, higher education, or civil society setting, and at least two Task Force members who have experience advocating for an underrepresented community.

(d) Task Force membership should reflect the diversity of the State with respect to the Equal Employment Opportunity Commission’s protected classes, which include, but are not limited to: gender, gender identity, race, color, age, religion, sexual orientation, disability, genetic information, national origin, tribal citizenship, familial obligations, veteran status, and previous civic service, as well as tending to the importance of socioeconomic status, geography and cultural heritage.

(e) If Task Force membership does not reflect the diversity of the State, then within 30 days of final appointments, any two of the Governor, [Head of the Senate], [Head of the House], or any elected member of the Legislature can request the reappointment of the Task Force. New appointments under this subsection must take place within 30 days.

(f) The duties of the Task Force include:

  1. Setting goals for diversity and inclusivity in State leadership;
  2. Identifying areas where the State is failing to meet its diversity and inclusivity goals and identifying potential causes of that failure and ways to address it;
  3. Developing a DEI Universal Policy to guide and direct State agencies in creating long-term, strategic plans with the goal of inclusive, anti-discriminatory workplace cultures, and implementing equitable hiring, compensation, advancement, and retention practices;
  4. Developing required annual training for all State employees, elected officials, and appointees on diversity, equity, and inclusion, including specific training for State supervisors and executive leaders;
  5. Establishing a grievance mechanism with the State’s primary ethics body for internal and external stakeholders to hold the Task Force accountable; and
  6. Advising the Governor’s office and the Legislature on strategies to improve the recruitment, retention, and advancement of underrepresented demographics in State leadership positions.

(g) The Task Force shall consider diversity, equity, and inclusion of governmental positions, at a minimum, in the following areas:

  1. Gubernatorial, judicial, and legislative appointees to offices, boards, and commissions;
  2. Leadership at State agencies2 and institutions of higher education;
  3. Executive, judicial, and legislative elected officials;
  4. Executive, judicial, and legislative staff;
  5. County, city, and school district elected officials; and
  6. County, city, and school district leadership staff.

(h) For the purposes of subsection (d) leadership staff includes staff with the title Director, Chief, President, Vice President, Dean, Provost, Superintendent, or any variation upon these titles. The Office may include other titles that play a key role in an entity’s leadership at their discretion.

(i) The Task Force at a minimum shall consider diversity and inclusivity with respect to Equal Employment Opportunity Commission’s protected classes which include, but are not limited to: gender, gender identity, race, color, age, religion, sexual orientation, disability, genetic information, national origin, tribal citizenship, familial obligations, veteran status, and previous civic service, as well as tending to the importance of socioeconomic status, geography and cultural heritage of the state represented.    

(j)  The office shall submit an annual report on their work, including policy recommendations, to the office of the Governor and to the Legislature by December 31 of each year. The report, as well as the deliverables outlined in subsection (f), will be made publicly available online by December 31 of each year.

(k) This section expires on December 31, [YEAR] unless otherwise extended by the Legislature.

SECTION 5 (INCLUSIVITY REPORTS)

(a) The Diversity, Equity, and Inclusivity Office3 shall annually collect demographic data on:

  1. Gubernatorial, judicial, and legislative appointees to offices, boards, and commissions;
  2. Leadership at State agencies4 and institutions of higher education;
  3. Executive, judicial, and legislative elected officials;
  4. Executive, judicial, and legislative staff:
  5. County, city, and school district elected officials; and
  6. County, city, and school district leadership staff.

(b) For the purposes of subsection (a) leadership staff includes staff with the title Director, Chief, President, Vice President, Dean, Provost, Superintendent, or any variation upon these titles. The Office may include other titles that play a key role in an entity’s leadership at their discretion.

(c) The demographic data collected under subsection (a) shall at a minimum include the Equal Employment Opportunity Commission’s protected classes, which include, but are not limited to: gender, gender identity, race, color, age, religion, sexual orientation, disability, genetic information, national origin, tribal citizenship, familial obligations, veteran status, and previous civic service, as well as tending to the importance of socioeconomic status, geography and cultural heritage.

(d) The Diversity, Equity, and Inclusivity Office shall compile and make available to the Governor’s Office, Legislature, and the public an annual report on the demographic data collected under subsection (a).

(e) The report produced under subsection (d) shall also include:

  1. Historical data on government staff and appointee demographics that shows trends over time;     
  2. Government staff and appointee demographics for the current time period of the report;
  3. A comparison between current government staff and appointee demographics and overall state population demographics; and 
  4. A comparison between current government staff and appointee demographics and historical government staff and appointee demographics.

(f) The first report under subsection (d) must be published by December 31st, [YEAR] and must include current data and a five-year lookback.

1 Alternatives: This could also be housed within the Governor’s Office, another agency, or a university.

2 Consider how state agency is defined in your state. Do you need to include universities as a separate item? Anyone else left out?

3 Other options if a Diversity, Equity, and Inclusivity Office is not created: Governor’s Office, Independent Task Force; State Auditor, University Research Team, another State Executive Office, or a Human Resources Agency

4 Consider how state agency is defined in your state. Do you need to include universities as a separate item? Anyone else left out?

Coalition of Supporters

Along Inclusive America, the following organizations have shared support for the proposed Inclusive [State] Act.

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