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Stretch

In case you haven’t heard the news this week, a major development occurred with the Fearless Fund. This Atlanta-based venture capital firm was targeted by Edward Blum, the same person we can credit with dismantling affirmative action in higher education.

Blum and his associates accused the Fearless Fund of setting up "race-exclusive" grant programs when they established grant programs like Fearless Strivers, a grant competition reserved for Black female-owned businesses. He claimed programs of this nature to be “illegal and divisive.”

Yesterday, the Fearless Fund agreed to settle the lawsuit with Blum by shutting down this grant program, marking a major close-off in funding opportunities for Black women in business. For many DEI practitioners, this case has been closely watched after it was filed shortly after affirmative action was overturned in college admissions. It was one of the first challenges in the private sector and one that many felt would be a landmark case to determine how race-based programs would fare in corporations and non-profit organizations.

With this settlement, there is a general sentiment that race-based initiatives, programming, and opportunities for underrepresented communities have experienced a significant setback, as articles like these appear to insinuate. However, I could not disagree more with that sentiment. The Fearless Fund has chosen to take a very strategic and mature route that social justice advocates and community organizers have long known to be effective: playing the long game.

As the article linked above highlights, the Fearless Funds legal case with Blum was assigned to a conservative court district, the 11th Court, which has judicial authority over Florida, Georgia, and Alabama. More likely than not, the court would have ruled in favor of Blum. Had the Fearless Fund appealed that ruling and the higher court ruled in Blum’s favor again, that would have created landmark rulings that could be used as case law in future cases similar to the Fearless Fund’s and potentially harm future race-based initiatives and programs designed to help uplift underrepresented and marginalized communities. Knowing that, the Fearless Fund wanted to minimize potential future damage to underrepresented communities by not allowing that case law to be created.

As the same article outlined, this is the same approach that the Biden administration has chosen to take with similar legal challenges of federally run affirmative action programs by declining to appeal them.

Does that mean we’re throwing in the towel on these DEI efforts? Absolutely not. It means that these groups are waiting for more favorable legal conditions. Currently, the federal courts, all the way up to the Supreme Court, are stacked with ultraconservative judges. The conditions are not in their odds for a successful outcome. So it’s time to practice patience and remember that this work is a marathon, not a sprint.

So what do we all do in the meantime? We find other ways to uplift and create opportunities for those who are historically underresourced in our community. We stay mindful and inclusive in our language while the wind is blowing in this direction. And we remain convicted.

Reflect

1. How can I be more proactive in integrating DEI into everyday practices, beyond formal programs?

2. What strategies can I use to remain committed to DEI work even when progress feels slow or difficult?

3. Am I focusing on quick wins, or am I also thinking about the long-term cultural change needed to make DEI sustainable?

Act

Here are a few ways you can continue to DEI initiatives and programs around you, even when they’re facing pushback:

1. Leverage Influence: Work with leaders or influential colleagues who can help champion DEI initiatives from a position of authority.

2. Engage Stakeholders: Involve different departments or groups in discussions to ensure a broad base of support.

3. Align with Company Values: Connect DEI initiatives to the organization's core values and goals, emphasizing that inclusion strengthens the company.

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