DEI Guidance FAQs

According to the law, the following concepts are considered “divisive”:

• (a) That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior. 
• (b) That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity, or national origin. 
• (c) That the moral character of an individual is determined by his or her race, color, religion, sex, ethnicity, or national origin. 
• (d) That, by virtue of an individual's race, color, religion, sex, ethnicity, or national origin, the individual is inherently racist, sexist, or oppressive, whether consciously or subconsciously. 
• (e) That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin. 
• (f) That fault, blame, or bias should be assigned to members of a race, color, religion, sex, ethnicity, or national origin, on the basis of race, color, religion, sex, ethnicity, or national origin. 
• (g) That any individual should accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to apologize on the basis of his or her race, color, religion, sex, ethnicity, or national origin. 
• (h) That meritocracy or traits such as a hard work ethic are racist or sexist.

Diversity, equity, and inclusion (DEI) programs are defined as “[a]ny program, class, training, seminar, or other event where attendance is based on an individual’s race, sex, gender identity, ethnicity, national origin, or sexual orientation, or that otherwise violates [the law].”  

Under the law, programs, classes, trainings, seminars, or other events that are necessary to comply with applicable state law, federal law, court order, or accreditation requirements are NOT considered DEI programs. However, any steps taken to satisfy any accreditation standard or requirement must be narrowly tailored to meet the specific accreditation requirement and not go beyond the specific requirement.     

SB129 explicitly states that the University may NOT do any of the following:  

• (a) Sponsor a DEI program. 

• (b) Maintain any office, physical location, or department that promotes DEI programs. 

• (c) Direct or compel a student, employee, or contractor [3] to personally affirm, adopt or adhere to a “divisive concept.” 

• (d) Require students, employees, or contractors to attend or participate in any training, orientation, or coursework that advocates for or requires an individual to agree with a “divisive concept.” 

• (e) Require students, employees, or contractors to share their personal view on a “divisive concept” outside of an academic setting where the teaching or discussion of the “divisive concept” is done in an objective manner, without endorsement, and in a way that does not compel assent to the concept. 

• (f) Require students, employees, or contractors to participate in any activity, which is part of required curriculum or mandatory professional training, that involves lobbying at the state/local level for legislation related to a “divisive concept.” 

• (g) Penalize or discriminate against students, employees, or contractors based on their refusal to support or otherwise assent to a “divisive concept” or a diversity statement. 

• (h) Condition enrollment or attendance in a class, training, or orientation on the basis of race or color.
  
  
• (i) Apply for or use funding—including grants, federal funding, and private funding—for the purpose of compelling assent to a “divisive concept” or any other purpose prohibited in the law, provided that such funding may be provided to student, faculty, and staff organizations or associations. 
  
  
• (j) Limit participation in any UA-sponsored event or class based on an individual’s race, color, sex, gender identity, ethnicity, national origin, or sexual orientation.  

[3] A “contractor” is considered to be any third-party individual or entity that provides services to the University other than construction services. 

The guidance from the federal government provides, among other things, that “unlawful proxy discrimination” violates federal anti-discrimination laws.  

“Unlawful proxy discrimination” occurs when a criterion that is neutral on its face is used as a substitute for a protected characteristic. While such criteria appear neutral, they become legally problematic if (1) they are selected because they correlate with, replicate, or are used as substitutes for protected characteristics; and/or (2) they are implemented with the intent to advantage or disadvantage individuals based on protected characteristics. For instance, the following are examples of criteria at risk of being considered an unlawful proxy: 

• Holding recruitment events that limit participation to those from specific geographic areas, institutions, or organizations chosen primarily because of their racial or ethnic composition rather than other legitimate factors.  

• Requiring an applicant to describe “obstacles they have overcome” and then advantaging those who discuss experiences intrinsically tied to protected characteristics (i.e., using the narrative as a proxy to provide benefits to an individual based on a protected characteristic).  

• Requiring a job applicant to describe how their “cultural background informs their teaching” if used to evaluate candidates based on race or ethnicity.  

The University cannot use unlawful proxies even if an event or program is open to all. The DOJ Memo specifically provides that even if access is technically open to all, an identity-based focus creates a perception of segregation and may foster a hostile environment. 

Yes.  The restrictions apply to the University, but they also apply to any University employees acting within the scope of their employment, which is generally considered to be the range of activities and conduct that an employee is reasonably expected to perform as part of their job.  

While SB129 provides multiple exceptions, many of those exceptions are not available under the DOJ Memo and, as such, cannot be relied on. However, the following still apply:  

• The Legal Materials do not impact First Amendment rights or limit the protections in place for free expression.   

• Pursuant to UA’s policy on institutional neutrality, the University and those acting on its behalf must remain neutral on political and social issues. Members of the UA community exercising their First Amendment rights should make clear they do not speak on behalf of UA or any administrative unit within UA. 

• Student, staff, and faculty groups/organizations/associations may host DEI programs or discussions that involve “divisive concepts,” provided that the sponsor of the program is clearly identified in any promotional materials and signage and UA marks are not used in any materials. 

• The University may continue to provide state funding to student, staff, and faculty organizations/associations on a non-discriminatory basis. 

• The University has discretion to provide space or ancillary services to any student or employee, including student, staff, and faculty organizations/associations, on a non-discriminatory basis. 

• Ancillary services include, but are not limited to, support and guidance in complying with applicable University policies and laws, assistance with security needs, and registration of events. 

• Any steps taken to satisfy any accreditation standard or requirement must be narrowly tailored to meet the specific accreditation requirement and not go beyond the specific requirement. Accreditation requirements must be regularly monitored and, in the event changes are made to the requirements, corresponding changes to University materials must be promptly implemented by the program.  

• The University and its employees may teach or discuss any “divisive concept” in an objective manner and without endorsement as part of a larger course of academic instruction. 

• (i.) Any such teaching or discussion cannot compel assent to any “divisive concept,” and no student shall be penalized for refusing to support or endorse such a concept. 

• The University and its employees may teach topics and historical events in a historically accurate context. 

• The University and its employees may respond to questions that are raised during orientation, course work, or trainings related to “divisive concepts” or DEI.  

• The University and its employees may collect or report required demographic data. 

• The University and its employees, acting within the scope of their employment, have the freedom to pursue research questions or topics where their disciplines, data, and professional discretion guide them. This includes research questions and topics focused on race, color, religion, sex, ethnicity, and national origin. Faculty cannot, however, discriminate based on race, color, religion, sex, ethnicity, or national origin. Please consult UA's Research Submission Guidance for more research guidance. 

• The University may provide medical, mental or other health care targeted to support individuals of any specific demographic. 

• The University may segregate housing, athletic programming, and social organizations that may be otherwise legally segregated by sex. 

No. The Legal Materials do not alter academic freedom.   

Yes. Faculty can discuss “divisive concepts” in class, but a faculty member cannot require a student to agree with a “divisive concept” or penalize a student for refusing to support or endorse a “divisive concept.” The teaching or discussion of any “divisive concept” must be done in an objective manner, without endorsement. This is consistent with the University’s longstanding efforts to promote an environment where the campus community can engage in free and open thought, inquiry, and expression. 

Yes. Federal and state law protect the University's academic freedom to decide what and how to teach. Under SB129, however, faculty must not require students to agree — through direct engagement or through academic penalties — with any “divisive concept.” The teaching or discussion of any “divisive concept” must be done in an objective manner, without endorsement.  

No.  However, any steps taken to satisfy any accreditation standard or requirement must be narrowly tailored to meet the specific accreditation requirement and not go beyond the specific requirement. Accreditation requirements must be regularly monitored and, in the event changes are made to the requirements, corresponding changes to University materials must be promptly implemented by the program. 

No. University programming, including academic support, may not limit participation based on a protected characteristic or by using a proxy for a protected characteristic.  

Yes.  

• (a) Be familiar with the restrictions in the Legal Materials, which are summarized herein. 

• (b) If discussing “divisive concepts,” avoid any statements that can be construed as an effort to require anyone to assent or agree to any of the “divisive concepts.” 

• (c) If teaching or discussing “divisive concepts,” it must be done in an objective manner, without endorsement.  

• (d) Consider including language in the syllabus explaining students may be introduced to or intellectually challenged with “divisive concepts” and other topics that could be difficult, but they do not have to assent to any position and are strongly encouraged to think independently and analytically about all of the material presented in the class. 
  • (i.) Preferred Syllabus Language
    • All University faculty, instructors and teaching staff have the academic freedom to explore, discuss, and provide instruction on a wide range of topics in an academic setting. This class may present difficult, objectionable, or controversial topics for consideration, but will do so through an objective, scholarly lens designed to encourage critical thinking. Though students may be asked to share their personal views in the academic setting, no student will ever be required to assent or agree with any concept considered “divisive” under Alabama law, nor penalized for refusing to support or endorse such a concept. All students are strongly encouraged to think independently and analytically about all material presented in class and may express their views in a time, place, and manner, consistent with class organization and structure, and in accordance with the University’s commitment to free and open thought, inquiry, and expressions. 

• (e) Faculty should not include a personal diversity statement in their syllabus. 
  • (i.) If a department or college requires the use of a statement to satisfy accreditation requirements, the following template should be used.  If specific language is required for accreditation, please work with the Office of Counsel to incorporate that into this template. 
    • The University of Alabama welcomes students, faculty and staff regardless of their cultural differences, beliefs, values, ethnicity, race, age, sex, disabilities, or religion. I/we/department are committed to providing opportunities for all qualified individuals, regardless of background, to access this institution, connect with others, and take advantage of the opportunities to achieve personal and professional success afforded by UA’s mission of teaching, research and service.  I/we/department will act to support equal opportunity, foster collaboration, and assist all students who may face challenges in accessing education and educational achievement. 

• (f) Do not require a diversity statement for course credit. 
• (g) Do not require students to attend programming that may be considered a DEI program or that compel assent to a “divisive concept” for class credit, or offer students extra credit for attending such programs, even if they are open to all.   

The UA Teaching Academy provides resources and information with additional guidance, reminders and principles for effectively teaching and managing difficult topics in the classroom.  

The University and its employees, acting within the scope of their employment, have the freedom to pursue research questions or topics where their disciplines, data, and professional discretion guide them. This includes research questions and topics focused on race, color, religion, sex, ethnicity, and national origin. The University and its employees cannot, however, discriminate based on race, color, religion, sex, ethnicity, or national origin. Likewise, the University and its employees cannot make rights, privileges, engagement with or access to education, employment benefits, service or training programs, etc. based on race, color, religion, sex, ethnicity, or national origin. Please consult UA's Research Submission Guidance for more research guidance. 

Yes.  However, the restriction under SB129 is extremely narrow. The University may not pursue a grant or funding to support a program designed to require individuals to agree to any “divisive concept.” Under federal law, training grants may not contain impermissible restrictions or preferences related to race, sex, color, ethnicity, or national origin. The University and its employees may perform research on topics or issues that impact a specific demographic group and can engage in clinical trials targeted to support individuals of any specific demographic; it cannot, however, offer any rights, privileges, or other benefits on such basis. 

When responding to questions from grantors, the University should try to address the specific question with a statement that includes, for example:   

1. A review of the University’s work in supporting: 

• first-generation college students,  

• students facing social, economic, educational, cultural, or other life circumstance challenges, 

• students who demonstrate achievement and determination in the face of personal challenges, 

• disadvantaged student populations, 
• and/or certifying compliance with applicable anti-discrimination laws, rules, and regulations. 

Yes. Additionally, state resources can be used to fund expenses associated with attendance at such an event, but only if it is academic in nature, not a DEI program or an event that is meant to compel assent to a "divisive concept," or an event that is only open to or only aims to assist any legally protected demographic.   

There are many circumstances in which applying for and receiving such a research grant or award would be allowable under applicable state and federal law. However, there are some circumstances in which it would not be allowed. Faculty or staff interested in applying for research grants or awards that base eligibility on criteria such as gender or race should consult with the Office of Counsel for a legal evaluation and subsequent guidance before they proceed. Such reviews are expedited in order to support timely applications. 

No.

[4] A “registered student organization” is one that has gone through the formation process set forth within The Source. 

Membership in registered student organizations at the University have been and will continue to be open to all UA students without regard to any legally protected class, except in cases of designated fraternal organizations exempted by federal law from Title IX regulations concerning discrimination on the basis of sex. The Legal Materials do not change this. Additionally, non-discrimination language must be included in the student group’s organizational documents. For more information on student organizations, please visit the Student Involvement webpage.  

Yes, provided membership and event participation is open to all, and all literature, marketing, webpages and other materials regarding the group and its events promote that the group and its events are open to everyone. 

Yes. Registered student organizations have autonomy to create such committees and offices. 

Yes, provided that the program must clearly identify the sponsor of the program or event in any advertisements, marketing, signage and other materials relating to the program. UA marks cannot be used in any such materials. 

Yes. Use of University space by registered student organizations will continue to be governed by the Facility and Grounds Use Policy  and applicable space reservation policies without regard to viewpoint.  

Registered student affinity organizations should be treated consistent with all other registered student organizations. Thus, the University may provide funding to registered student organizations in a non-discriminatory manner that is consistent across all groups — both affinity and non-affinity organizations. 

Registered student affinity organizations should be treated consistent with all other registered student organizations. Thus, an employee may volunteer to serve a registered student affinity group outside the scope of their employment as they can with any other group. 

No.  Group membership and event participation must be open to all.  

Yes, provided membership and event participation is open to all, and all literature, marketing, webpages and other materials reflect this. Any such group will not be considered an official group of the University or any campus unit. 

Unofficial/unaffiliated employee affinity groups should be treated consistent with all other unofficial/unaffiliated employee groups. Thus, the University can provide funding to such groups in a non-discriminatory manner that is consistent with what is provided to non-affinity groups. 

Yes, provided that the group hosting the program must identify itself as the sponsor at the event and in any advertisements, marketing, and other materials relating to the event, and UA marks cannot be used in any such materials. 

Yes, provided that the faculty/staff group hosting the program/event must identify the sponsor at the event and in any advertisements, marketing, and other materials relating to the event, and UA marks cannot be used in any such materials. 

Use of University space by faculty groups will continue to be governed by the Facility and Grounds Use Policy and  applicable space reservation policies without regard to viewpoint.  

A campus unit cannot have a DEI committee or officer. Faculty or staff groups that are not affiliated with an official campus unit have autonomy to create such committees and offices, but these groups/positions may not be listed or included as official administrative functions of any campus unit. Any such group or position will not be considered an official position or group of the University or any campus unit. 

No.

No. The University will continue to recruit outstanding faculty and staff from all backgrounds. Faculty and staff are strongly encouraged to consult with their assigned Human Resources professional when posting new positions. Diversity statements cannot be required nor considered—either directly or indirectly—in any part of the application or hiring process. Additional resources to assist with job searches is available on the HR webpage.  

The University will follow existing HR procedures that are used when an employee is accused of violating any law or University policy to determine the legitimacy of any such reports. If found to be in noncompliance, the level of discipline will depend on the specifics of the individual situation and will be managed consistent with University policy.  

No. The University will continue to recruit outstanding students from all backgrounds who will bring a variety of experiences and viewpoints that will positively contribute to the campus community. 

The University will continue to offer competitive scholarship opportunities to its students in a manner that complies with federal and state law. The full array of scholarships offered are constantly being assessed to ensure compliance. No current student will lose scholarship funds if changes are made to ensure compliance with applicable law. 

An event or program that is organized, in whole or in part, by a University division, department, program, office, etc. and financed with state funds. Solely providing space and/or ancillary services as allowed under SB129 does not classify an event or program as “UA sponsored.” An event or program that is organized solely by student, faculty, and staff organizations or associations is not a "UA sponsored" event or program. 

Yes, provided the content is factual and historical in nature and does not advocate for or compel assent to a “divisive concept” as defined by the law. Events and activities must be open to everyone on campus. Promotions should not appear to engage in social or political advocacy, and institutional neutrality on political and social issues must be maintained. 

Multi-occupancy restrooms will continue to be designated with signage related to biological sex (i.e., restrooms will continue to be marked “women” and “men”).  UA also has numerous individual occupancy restrooms across campus available for use by all individuals.