War Against DEI Continues

By Cash Michaels –

Republican Senate Majority leader Phil Berger has now added his legislation to the growing opposition to DEI (diversity, equity, and inclusion) policies and practices.

If his bill passes, not only is DEI outlawed on public college campuses, but racial and gender bias complaints would also be prohibited.

On March 26, 2025, Sen. Berger (R-Rockingham) filed Senate Bill 558, titled “Eliminating ‘DEI’ in Public Higher Education.”

“An act to demonstrate the General Assembly’s intent that students, professors, administrators, and other employees of public institutions of higher education recognize the equality and rights of all persons and to prohibit public institutions of higher education from promoting certain concepts that are contrary to the intent,” SB 558’s description reads.

DEI was used by colleges and companies in the aftermath of the 2020 police murder of George Floyd as a way to ensure that qualified Blacks and other people of color were given equal opportunity to compete for educational and employment opportunities. However, in May 2024, the conservative majority of US Supreme Court deemed the practice unconstitutional in higher education.

Republicans in North Carolina have since labeled DEI a “divisive concept.” A bill pending in the state House even makes it a criminal offensive for public money to be used to promote DEI policies and practices.

The Rockingham County Republican makes clear in SB 558’s language that it was inspired by Pres. Donald Trump’s January 21, 2025, executive order banning DEI “…to ensure that higher education recipients of federal funds comply with all applicable laws prohibiting illegal discrimination and comply with the decision of the United States Supreme Court in Students for Fair Admissions v. Harvard …”

Because in the last fiscal year, North Carolina’s public colleges and universities received $2.4 billion in federal aid, and it’s therefore the NC General Assembly’s job to “protect the practice of higher education…,” SB 558 mandates that the UNC Board of Governors adopt a policy not only banning DEI policies and practices, but also “…prohibiting (public colleges) from establishing, maintaining or otherwise implementing a group or committee designed to investigate a bias incident.”

Bias incident in the bill is defined as “…any conduct, speech, or expression…” that the college, group or committee labels as “…intimidating, demeaning, mocking, degrading, or marginalizing an individual or group based on the perceived or actual identity of that individual or group.”

Each public college or university will be required to certify annually in writing by September 1st to the UNC Board of Governors that they are in compliance with the law, if passed.

SB 558’s language adds, “ For the certification due September 1, 2025, …..each public institution of higher education shall also include information on the initial implementation of this act, including reductions in force and spending, changes to job titles and position descriptions, and how savings achieved from these actions have been directed.”

Critics of the measure warn that as written, SB 558 is overly broad and does not really define DEI. Those critics add that the bill would chill free and open discussion on North Carolina college campuses.