SAN ANTONIO — Governor Greg Abbott's Office is warning state agencies and public universities not to hire people based on diversity policies.
His office says hiring based on anything other than skills and qualifications is illegal.
At issue are Diversity, Equity and Inclusion (DEI) policies.
DEI policies include resources for all groups who historically were underrepresented in the workplace like minorities, veterans, the disabled and members of the LGBTQ+ community.
The governor's chief of staff, Gardner Pate, says these initiatives discriminate against certain demographic groups. He didn't say which one.
The memo from Gardner was sent Monday. It says if any state agency employs people based on factors other than merit, it's against the law.
"It's always been a contested issue, but it's been a relatively new issue from a political perspective," said Dr. Leonard Lira, Chair of the Department of Public Policy and Service at San Antonio College. "It's very similar to the type of policy President Trump issued."
Dr. Lira says Governor Abbott is within his constitutional right issuing this memo.
"I suspect the governor has made this more from a political perspective given that he's catering to the supporters who helped him regain election," said Lira.
Lira says evidence shows a need for DEI looking at statistics of certain minority demographics who've been prevented from being hired or creating generational wealth.
"Any advances that some minority members of our population had in gaining additional employment and increasing their social economic status might be dampened if this policy goes into true effect," Lira explained. "I think certain populations and demographics will have a continued leg up."
He says research showed mixed results about whether or not these DEI policies have an effect and what type of effect they have.
It depends how they're implemented, he said.
"Are we trying to increase our pool of talent? Are we trying to increase our representation, etc.? Then it might have better results," said Lira. "If companies and hiring agencies are just using DEI as a window dressing, for example, the results are that there's very minimal impact and sometimes it could be a harmful impact."
Renae Eze, a spokesperson for the Office of Governor Greg Abbott, said in a statement to KENS 5: “The letter from the Governor’s chief of staff is a reminder that state agencies and public universities must follow federal and state law in their hiring practices. Both federal and state law make equity quotas illegal. Equity is not equality. Here in Texas, we give people a chance to advance based on talent and merit. Aspiring to Dr. Martin Luther King, Jr.’s dream, we should not be judged by the color of our skin, but by the content of our character.”
We're also hearing from the Chairman of the Texas Legislative Black Caucus, State Representative Ron Reynolds. He says he strongly opposes the governor's stance.
"Many of our institutions for higher learning and state agencies rely on the usage of DEI initiatives to work in tandem with anti-discrimination laws to ensure that they don't make hiring decisions based on race, religion or gender. In order to hire the best, you need a diverse pool of applicants to start with," said Reynolds. "Our diversity is our strength. Far too often, African Americans and minorities have been excluded from being considered for jobs even though they were qualified."
As for what's next, Dr. Lira says state hiring agencies and community members will likely contest the governor's memo and it will be addressed by the Texas Supreme Court.