Last week, President Trump effectively stated that the nation’s air safety was degraded by federal diversity, equity, and inclusion (DEI) programs, even going on to say that FAA air traffic controllers needed to be “brilliant,” in a context implying that anyone benefiting from DEI policies was unqualified.

While federal DEI programs were designed to promote equal access, opportunity, employment, and inclusion of underrepresented people in the workplace, they did not override or supersede existing job or position requirements based on ability to do the job. Nor did they mandate replacing existing employees with underrepresented individuals. What they did attempt to override was a long-standing and unspoken cultural assumption that the best person for a position was a straight white male.

The problem with DEI was that it went too far, especially on the state level and elsewhere, with an assumption that diversity, equity, and inclusion can and should be mandated, and achieved instantly and without adverse legal effects, rather than requiring efforts to attain DEI objectives.

The state of California enacted a law requiring corporations to place members of unrepresented groups on their corporate boards. That requirement was struck down by a federal judge in California, but the state is pursuing an appeal. The Nasdaq Stock Market had required corporations listed on the exchange to report that they had, or explain why they did not have, racial, gender or LGBTQIA+ diversity among the directors on their boards. That requirement was struck down by the Fifth Circuit Court of Appeals. Both decisions were based on earlier Supreme Court rulings that racial and ethnic quotas are unconstitutional.

The examples of DEI overreach created a backlash, primarily from conservative white males, who saw and apparently continue to see DEI policies as a threat, with the result that Trump issued an executive order not only eliminating all federal DEI policies and actions, but also effectively removing most federal affirmative action programs and threatening to remove federal educational aid to colleges and universities that do not remove all DEI policies and programs. (Of course, Utah already did that last summer).

In the end, overreach by either side usually results in overreaction, certainly as it has in this instance. Unfortunately, it appears that this was just the beginning.