UK & US DEI practices have differed. For example, US universities discriminated against Asian & white and in favour of black candidates, known as "affirmative action" or "positive discrimination". For example, for Harvard, black students in the 70th-80th percentile of academic ability had a 41% chance of admission, whereas for white students it was 5%, and Asians 4%
This was found to be unconstitutional in 2023 by a partisan Supreme Court (split 6-3 by appointing party).
This has never been legal in the UK: you can only have "positive action".
Also affirmative action was created by Executive Order (of JFK), and they seem to do a lot more on the stroke of the Presidential pen (including/excluding sex in transgender, for example), whereas in the UK a lot of these things historically came from the ECtHR (e.g., the Gender Recognition Act 2004, following Goodwin), EU as well as primary legislation (which seldom gets rolled back).
Thanks, I will take your commentary as building on my previous post because I don't think you've said anything inconsistent with it (unless you think otherwise).
Now, if we want do to discuss what the US DEI experience means for the UK, I think there are two main points to consider (I will assume that my readers are well familiar with the history of DEI in the US). The following is my opinion only.
1. First, the practical/legal impact on recruitment in the UK by US firms, across law, banking, etc.. The US experience will not change the DEI situation in UK graduate recruitment in any meaningful way. This is because it has never been formalised to the extent that it has been in the US in the recruitment/admissions process itself (I'm not talking about Equality Act or anything like that here). The only way the changes in US domestic policies can impact the UK is through the voluntary self-censure of US firms in the UK (suddenly they start talking about DEI much less across all their global offices because they fear action from Trump administration). OR through antitrust enforcement or some other enforcement in the US. However, I believe that the latter is almost impossible because anything like that would not be enforceable in the UK.
2. Will the current American situation change the terms of how the DEI conversation has been playing out in the UK, particularly at US law firms in London? Yes and No. Even if they remove DEI from their websites, I cannot see graduate recruiters in the UK suddenly changing their own beliefs to abide by any law/directive that Trump administration adopts in the US. This is just silly. Of course, there are partner-level appointments, which are usually done by the US main office directly, which means that at that level, yes, DEI will cease to be part of the conversation. But just for as long as Trump's anti-DEI orders are in force. The same probably goes for some of the affinity groups at the associate level but I really doubt they are gonna be dislodged either in the UK or the US.