North Dakota First in the Nation to Pass “Specified Concepts” Law

In April 2023, North Dakota governor Doug Burgum signed into law the nation’s first “specified concepts” bill, also referred to as an anti-DEI (diversity, equity, and inclusion) bill, which will go into effect August 1 of this year. The bill’s informal name, the “specified concepts” bill, refers to how, when enacted, this law will prohibit higher education institutions from penalizing any employee or student who openly disagrees with concepts specified in the bill. North Dakota lawmakers hold that this policy will strengthen and increase intellectual diversity at higher education institutions throughout the state.

What are the Specified Concepts?

The bill details 16 specified concepts, including but not limited to the following:

• One race or sex is inherently superior or inferior to another race or sex.
• An individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.
• An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex.
• North Dakota or the United States is fundamentally or irredeemably racist or sexist.
• Ascribes a character trait, value, moral or ethical code, privilege, or belief to a race or sex or to an individual because of the individual’s race or sex.
• All Americans are not created equal and are not endowed by their creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.

What Other Bans Does the Bill Cover?

Amongst other enterprises, the bill bans educational institutions from asking students, employees, or prospective students and employees about their commitment to diversity, equity, and inclusion (“DEI”) initiatives. Additionally, the bill prevents higher education institutions from requiring students to complete noncredit diversity training or the completion of any employee diversity training.

How does this Impact Professors and Students?

This law, and budding laws soon to be passed throughout the nation, threaten academic freedom and students’ right to free speech. Implementing these laws can create hostile educational environments in which students and teachers feel unsafe sharing their feelings, opinions, and concerns. Students and teachers from marginalized groups may face increased discrimination, bias, and exclusion, which could ultimately push them out of the academic space. Professors who do remain in the classroom could feel silenced, afraid to foster discussion on sensitive topics for fear of disciplinary action. These environments are the opposite of those an educational institution should aspire to; students and teachers should always feel safe in their academic settings.

What to do if Restrictions are Threatening Your Professional or Academic Career

If you are a professor facing disciplinary action or dismissal for anything you have taught in your classroom or a student in trouble for discussing these concepts in the classroom, you need LLF National Law Firm’s Education Law Team. They advocate for the rights of college and university faculty, staff, and students. Contact the LLF National Law Firm Team today by calling 888.535.3686 or clicking here to schedule a consultation.