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DEI is not illegal. Some implementations can be illegal (racial quotas), but other implementations are not (setting up a job fair booth in historically black colleges and universities (HBCUs) instead of only Ivy League universities; not preferring Ivy League dropouts over HBCU graduates).

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I took their statement to mean more that "DEI as described by conservatives is already illegal" not that the concept of DEI is illegal. But they did say "in practice" which seems to throw my interpretation off. In practice, DEI initiatives are exactly as you've described. Sometimes with more specific mentoring opportunities and more or less investment in the college or earlier pipeline.

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