Imagine being approached by an agency that asks you to provide a specialized training on cultural humility and cultural competence for its mental health professionals. Although these principles align with the codes of ethics of our mental health professions (American Association of Family and Marriage Therapists, n.d; American Psychological Association, n.d.; National Association of Social Workers, n.d.), trainers need to be cognizant of the potential impact of anti-DEI laws—statutes that restrict the teaching of content related to diversity, equity, and inclusion (DEI). Anti-DEI laws have been enacted or proposed by a number of states (see here for a list of anti-DEI legislation by state). While much attention on anti-DEI laws has focused on primary education (K-12) and higher education (college and university), it is also crucial to appreciate their implications for continuing education that may be offered by and for mental health professionals.
Some anti-DEI restrictions prohibit state-funded employers from requiring employees to take part in trainings dealing with particular diversity issues (e.g., sexual orientation, gender identity, gender expression, systematic racism, implicit bias, privilege, critical race theory). Thus, if you are asked by a state-funded child protection agency to provide cultural humility training, you need to know whether the legislation prohibits you from covering particular topics that you hoped to cover. Additionally, understanding whether the training is “required” or “optional” is pivotal. Prohibited topics for mandatory trainings may be permissible in optional trainings.
The language in some anti-DEI legislation is notably broad and vague. For instance, if a statute prohibits the discussion of “divisive concepts,” does this mean that trainers cannot talk about ethical dilemmas related to abortion, gun safety, religious convictions, or value conflicts? Some anti-DEI laws have been challenged constitutionally, with challengers suggesting that these laws breach free expression (Honeyfund.com v. DeSantis, 2024). Anti-DEI legislation may also violate the principles of equal protection of the law, government neutrality, and secularism. Laws that prohibit training related to LGBTQ+ people may be based on particular religious beliefs, in contradiction with the principle of separation of church and state. Further, while some anti-DEI laws may look as if they apply equally to all people, critics argue that they may be enforced disproportionally against people who identify as Black, Latino, Indigenous, or LGBTQ+.
Prudent practice suggests, “When in doubt, consult.” If you are not sure whether you are allowed to present certain concepts or topics in a planned continuing education program, speak with an attorney, a representative from your professional organization, or an official from your licensing body. Note that you may receive risk-averse advice, suggesting that you avoid certain topics even if the laws do not explicitly prohibit them. If you decide to challenge a law that you believe is unethical and unconstitutional, collaborating with a civil rights organization that specializes in these issues may be wise.
As mental health professionals, we recognize the significance of taking a client’s culture, gender, disabilities, socioeconomic status, religion, and other aspects of human diversity into account. We want to ensure that our practices are inclusive of people from various backgrounds and that we treat all clients with the dignity and respect that they deserve. Accordingly, when we provide continuing education training to colleagues in our field, it is incumbent upon us to consider ways to include appropriate content to foster ethical and effective practice for all the people we serve. Although there may be ways to mitigate the risks of violating anti-DEI laws, it is also important to advocate for changes that would allow mental health professionals to include vital content in their trainings.
References
American Association for Marriage and Family Therapy. (n.d.). Accessed March 20, 2024. AAMFT diversity, equity, and inclusivity statement. https://www.aamft.org/About_AAMFT/DI_Statement.aspx
American Psychological Association. (n.d.). Equity, diversity, and inclusion. Accessed March 20, 2024. https://www.apa.org/about/apa/equity-diversity-inclusion
Chronicle of Higher Education. (n.d.). DEI Legislation Tracker. Accessed March 20, 2024. https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-ban-colleges-dei-efforts
Honeyfund.com Inc. v. DeSantis, (2023). United States District Court Northern District of Florida. https://media.ca11.uscourts.gov/opinions/pub/files/202213135.pdf
Kezar, A. (2023). Higher education DEI efforts are in trouble: Here’s how we can change that. Diverse Issues in Higher Education, 40(2), 40.
National Association of Social Workers. (n.d.). Diversity, equity, and inclusion matters. Accessed March 20, 2024. https://www.socialworkers.org/News/News-Releases/ID/2641/Diversity-Equity-and-Inclusion-Matters
Legal Restrictions on Diversity Trainings
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21.03.2024
Imagine being approached by an agency that asks you to provide a specialized training on cultural humility and cultural competence for its mental health professionals. Although these principles align with the codes of ethics of our mental health professions (American Association of Family and Marriage Therapists, n.d; American Psychological Association, n.d.; National Association of Social Workers, n.d.), trainers need to be cognizant of the potential impact of anti-DEI laws—statutes that restrict the teaching of content related to diversity, equity, and inclusion (DEI). Anti-DEI laws have been enacted or proposed by a number of states (see here for a list of anti-DEI legislation by state). While much attention on anti-DEI laws has focused on primary education (K-12) and higher education (college and university), it is also crucial to appreciate their implications for continuing education that may be offered by and for mental health professionals.
Some anti-DEI restrictions prohibit state-funded employers from requiring employees to take part in trainings dealing with particular diversity issues (e.g., sexual orientation, gender identity, gender expression, systematic racism, implicit........
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