Othering & Belonging Institute (OBI) - FAQ Racial Equity Legal Guidance

From OBI:

This FAQ is was created to accompany our more robust legal guidance document, Advancing Racial Equity: Legal Guidance for Advocates.

1. Is consideration of race in public policymaking or public programs illegal or unconstitutional? 

2. As a follow up then, what kinds of consideration of race are generally prohibited?

3. What kinds of consideration of race, then, are generally permitted?

4. What is the exact difference between “race-conscious” program and policy and “race-based”? 

5. What, then, is a “race-neutral” policy? 

6. What about the use of proxies? Is that race-based? 

7. If I use proxies or indicators that correlate with race, how can I protect myself from getting sued?

8. Am I allowed or permitted to set numerical diversity goals or targets for my organization?

9. What is DEI? And what are the differences in these ideas?

10. As a follow up, what is the difference between “Equity” and “Equality,” in this context?

11. In devising or implementing DEI programs or policies generally, or racial equity versions specifically, does it make a difference whether the institution or organization is public or private? 

12. How does the January, 2025 Trump Executive Orders affect what is permissible and what is not?

13. What about race-conscious programming in educational contexts?

For reference and updates: https://belonging.berkeley.edu/faq-racial-equity-legal-guidance