DEI, while well-intentioned, was always bound for the Supreme Court, because it is discriminatory in legally described ways – race, gender, religion…

We do still need it though. The causes of worse outcomes for people of certain races are multitude, and working out how they all add up is as complicated as weather forecasting. But as long as those outcomes are worse, then we only have two ways fix it. Give them some advantages, or determine that it is their own fault (for example, they are naturally or culturally lazy). Those are the binary views in the US.

Maybe there is a third way, by side-stepping what is legally discriminatory?

Here are some examples of what are not illegal in terms of discrimination:

• Scholarships provided by individuals, to individuals
• Scholarships which do not state criteria
• Cultural – we prefer someone who understands the culture of the business, for example restaurants
• Anything based on poverty, or homed status
• Sporting ability
• Any disability

Looking for examples of MAGA discrimination? Well, of course, Trump demands loyalty to him, specifically. No law against it (well, not tested yet).

Black Rifle Coffee – only hires veterans.
Year Up – only trains people without college degrees.

The answer is obvious – find aspects of those you want to hire that are outside of discrimination laws. For example (this is a terrible example), have a work place that has a rap culture and only hire people with a demonstrable knowledge and love of rap music.