Diversity at the Forefront
Alfredo G. Evangelista | Assistant Editor
“We hold these truths to be self-evident, that all men are created equal …” These are perhaps the most famous words in the Declaration of Independence, published by the U.S. Congress on July 4, 1776.
Thomas Jefferson, the principal author of the Declaration would become the third president of the United States of America. Jefferson, however, like many other members of the early Congress, was a slave owner and likely did not view slaves as equal to whites. (Recent DNA tests have confirmed Jefferson fathered several children through his slave, Sally Hemmings.)
The question of slavery divided the United States for much of the early decades of the republic. In 1857, in the Dred Scott v. Sandford case, the United States Supreme Court ruled people of African descent were not citizens under the Constitution. Eventually, the regional dispute and division between Southern states allowing slavery and Northern states disallowing slavery erupted into armed conflict—the American Civil War also known as the War Between the States lasted from April 12, 1861 through May 26, 1865.
On January 1, 1863, during the Civil War, President Abraham Lincoln issued Proclamation 95, commonly called the Emancipation Proclamation, with Lincoln declaring all slaves in rebelling states to be free.
In 1865, after the South surrendered, Congress passed the Thirteenth Amendment to the Constitution, which was ratified by the necessary number of States: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
But even after the passage of the Thirteenth Amendment, states continued to enact discriminatory laws against Blacks.
Section 1 of the Fourteenth Amendment, adopted in 1868, defined citizenship and clarified the rights of American citizens: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Even with the Fourteenth Amendment ratified by enough states, racism continued in the United States. The U.S. Supreme Court created the “separate but equal” doctrine in the 1896 decision of Plessy v. Ferguson. The Supreme Court ruled segregation did not violate the Constitution if there was “equal treatment” of blacks and whites (whether that was reality or simply a legal fiction).
It would take nearly sixty years before the U.S. Supreme Court reversed Plessy. In 1954, in Brown v. Board of Education, the new Chief Justice of the Supreme Court, former California governor Earl Warren, issued the Court’s unanimous opinion: “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal … .”
But Justice would move slowly in the political branches. In 1964, President Lyndon Johnson signed major legislation passed by the U.S. House and Senate as The Civil Rights Act of 1964, which outlawed discrimination based on race, color, religion, sex, and national origin.
On September 24, 1965, Johnson took administrative action, signing Executive Order 11246, which prohibited government contractors from discriminating “on the basis of race, color, religion, sex, or national origin.” Executive Order 11246 also required government contractors to “take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, or national origin.” “Affirmative action” was a concept proposed in John F. Kennedy’s 1961 Executive Order 10925, making government contractors take steps to ensure equal employment opportunities for all qualified applicants and employees.
In turn, many universities began applying affirmative action in their admissions process, with some institutions using quotas for admission of certain races and ethnicities, eventually leading to claims of reverse discrimination. In 1978, the U.S. Supreme Court, in Regents of California v. Bakke, ruled quotas could not be used to ensure places for minorities but allowed the universities to use race as a factor in admissions decisions.
Diversity as a factor became standard admission policy for many universities, including some of the most selective and prestigious public and private colleges. But little by little, states and courts chipped away against affirmative action and diversity being utilized in admissions by universities. In 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ruled Harvard’s race-based factor in its admission process violated the Fourteenth Amendment. The Supreme Court confirmed its ruling also applied to admissions by public universities in Students for Fair Admissions, Inc. v. University of North Carolina. The Supreme Court stated, however, “nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.”
In the corporate world after Bakke and other court rulings, the concepts of affirmative action and diversity were replaced by what became known as Diversity, Equity, and Inclusion. Generally, Diversity, Equity, and Inclusion programs sought to support people of different races, ethnicities, religions, genders, and sexual orientations. Many large corporations adopted Diversity, Equity, and Inclusion programs.
“Diversity, Equity, and Inclusion are essential to success and numerous studies show that Diversity, Equity, and Inclusion produce increased solutions, greater engagement, innovation, and overall excellence,” explains Sonia Lugmao Aranza, President/CEO of Aranza Cross-Cultural Strategies/Global Leadership Development, a recognized leader in diversity issues. “Without Diversity, Equity, and Inclusion, organizations stagnate,” Aranza claims.
Aranza is known as a pioneer in the field. “I was fortunate to get into the field early before it was called Diversity, Equity, and Inclusion. My first Master’s degree was in Cross-Cultural Communication from the University of Hawai‘i at Mānoa and I pursued a second Master’s degree from American University in Washington, DC while working full-time as Director of Constituent Relations for then Hawai‘i Congressman Neil Abercrombie on Capitol Hill. It was then that I was exposed to the idea of striking out on my own and starting a consulting practice.”
Aranza was in the right place at the right time as she worked on an important case almost immediately. “Right out of the gate, I was given the opportunity to be on faculty for a landmark discrimination case and that kicked off my solo practice for what would eventually be called Diversity,” Aranza recalls.
“Diversity is defined as all dimensions of difference that make a human being unique including things you cannot see such as neurodiversity (different ways of thinking and learning), education, socioeconomics, religion, language and so on,” explains Aranza. “Most people associate Diversity with race (skin color), ethnicity, gender, and sexual orientation. While the latter dimensions are absolutely a part of Diversity, the problem is that Diversity has been politicized and conservatives want to associate it only with the latter list. The truth is that Diversity includes everyone. An interesting fact is white women have benefitted the most from Diversity, Equity, and Inclusion,” Aranza observes.
“Historically, groups of people have been left out through laws and policies so Equity is about fairness and access. With regards to Inclusion, some organizations conveniently have ‘diverse representation’ but do not actually engage these diverse representatives (it’s window dressing) so Inclusion is about engagement and creating a workplace where all employees can thrive,” Aranza states.
Aranza was born in the Philippines, grew up in Hawai‘i, and later moved to Washington, D.C. “Growing up in Hawai‘i as a young immigrant girl from the Philippines, I was exposed to the richness of Diversity and I embraced it,” she says. “I grew up with friends whose last names ranged from Fernandez to Fujikawa to Faleomavaenga. At a young age, I learned to appreciate different backgrounds, customs, traditions, food, music, and perspectives. I saw Diversity as a treasure trove. Little did I know that my upbringing would later serve as the foundation for the work I would eventually pursue.”
Hawai‘i’s Filipinos, in certain ways, have always strived to be part of the greater community.
For example, in 1954, a group of Filipino businessmen and women established the Filipino Chamber of Commerce as a means to participate in the greater business community, announcing: “The birth of the Filipino Chamber of Commerce thus gives vent to our resolute faith and hope in the flourishing roles that the Filipino people shall play in every conceivable phase of human activity attainable in the Territory of Hawai‘i—be it government, politics, labor, education, business, or the professions—today and in the years to come. We have faith in God, faith in our fellow men, and faith in ourselves—in our ingenuity and resourcefulness, and in our capacity for hard work. We now stand ready and determined to make our indelible marks on the pages of the book of progress of Hawai‘i.”
Other groups sought to have more opportunities for Filipinos. In 1972, Amy Agbayani, Sheila Forman, and Melinda Kierkvliet founded Operation Manong at the University of Hawai‘i at Mānoa. They created Operation Manong to provide tutoring, extracurricular activities, mentorship, and other activities to assist new immigrants from the Philippines. Operation Manong is recognized as the first program at the University of Hawai‘i to promote diversity. (In 2000, Operation Manong was renamed the Office of Multicultural Student Services. Recently, the Office of Student Equity, Excellence, and Diversity—under which the Office of Multicultural Student Services falls—was renamed to SEED.)
Robin Companiano, one of the original tutors of Operation Manong says, “I was considering joining the Peace Corps and working on an international project, or VISTA, which sends volunteers throughout the US. However, I heard about a new program that would focus on helping immigrant youth in Honolulu. There was an extremely promising project literally in my backyard which would allow me to continue my education at UH. My good friend Emme Tomimbang strongly encouraged me to sign up and so I enthusiastically joined the first group of Operation Manong volunteers.”
Also at the University, the law school named after former Chief Justice William S. Richardson, established a Pre-Admission Program in 1974; many law students of Filipino and Hawaiian ancestry were able to study law and become lawyers through this program. (In 2006, the Pre-Admissions Program was renamed the Ulu Lehua Scholars Program.)
In Hawai‘i, the concepts of Diversity and the Aloha spirit are intertwined. The website of the Supreme Court of Hawai‘i states “Judicial diversity is a matter of great importance in our community and to the fair administration of justice. The Judiciary is committed to creating a culture of inclusivity throughout our state courts that exemplifies the diversity in Hawai‘i.”
Recently, in confirming the Judiciary’s dedication to equal justice for all, the Supreme Court of Hawai‘i stated “We take that responsibility with the utmost seriousness as we fulfill our mission to administer justice in an impartial, efficient, and accessible manner in accordance with the law. We strive to ensure that all people receive fair and respectful consideration in our courtrooms. We are guided in this work by the Aloha Spirit law, Hawai‘i Revised Statutes § 5-7.5, which establishes that “aloha means mutual regard and affection … in which each person is important to every other person.” These words define the shared vision for our state that we adopted as a people … . Our goal is to maintain a judiciary that has the most qualified judges and staff, who reflect the community they serve. This fosters an environment where persons from all backgrounds know their voices will be heard and their disputes will be resolved fairly.”
Throughout the years, Aranza has crisscrossed the United States and the world speaking on Diversity … and adding a little touch of the Aloha spirit. “That was twenty-eight years ago,” Aranza notes. “My practice has evolved through the years,” Aranza observes. “Today, I love designing and presenting rich leadership development programs that help leaders see how Diversity is essential to personal and organizational success. I have had the honor of serving clients such as Boeing, CIA, Coca-Cola, Mayo Clinic, Pew Research, Schreiber Foods, Texaco, Walmart, and more.”
Aranza’s client roster spanned public and private organizations, including the American Petroleum Institute, Chevron, the CIA, GE Appliances, JLG Industries, McDonald’s, NASA, Oshkosh Corporation, Precision Castparts Corp., Rite-Aid, Sandals Resorts (Jamaica), Sodexo, SHRM, Toyota, U.S. Air Force, U.S. Army, U.S. Navy (USA and Japan), Verizon and Wipfli LLP.
“Most corporations who hire me (currently) understand Diversity is about organizational excellence. They understand that Diversity is connected to innovation, growth, and business continuity. They want to develop inclusive leaders who can leverage a diverse workforce. (In the past, corporations hired me because they were in trouble—they were required as part of a consent decree). Today’s corporations have evolved but the current political climate makes it challenging to forge ahead particularly if companies do business with the government. Still, there are corporations who remain steadfast but many are slowing down because of the political climate.”
After his inauguration, President Donald J. Trump issued Executive Order 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing” and directed the Director of the Office of Management and Budget to “coordinate the termination of all discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear.”
The next day, President Donald J. Trump issued Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
The January 22, 2025, White House Fact Sheet explained Trump’s actions on Executive Order 14173. “Today, President Donald J. Trump signed a historic Executive Order that protects the civil rights of all Americans and expands individual opportunity by terminating radical DEI preferencing in federal contracting and directing federal agencies to relentlessly combat private sector discrimination. It enforces long-standing federal statutes and faithfully advances the Constitution’s promise of color-blind equality before the law. This comprehensive order is the most important federal civil rights measure in decades …”
Among other things, in Executive Order 14173, Trump specifically revoked President Johnson’s 1965 Executive Order 11246 which mandated affirmative action by government contractors.
Recently, many large companies, including some of Aranza’s former clients, have retracted from or eliminated their Diversity, Equity, and Inclusion policies. MSN.com reported the following companies confirmed their deletion or reduction of their Diversity, Equity and Inclusion policies: Accenture, Amazon, Boeing, Brown-Forman (Jack Daniels), Chipotle, Coca-Cola, Comcast, Disney, Deloitte, Ford, GM, Goldman Sachs, Google, Harley-Davidson, John Deere, Lowe’s, McDonald’s, Meta (Facebook and Instagram), Molson Coors, PayPal, PepsiCo, Target, Tractor Supply and Walmart.
On the other hand, according to a report published by Newsweek, a number of large corporations have committed to continuing their Diversity, Equit,y and Inclusion policies including Apple, Costco, Delta Airlines, e.l.f. Beauty, Meijer, Procter & Gamble and Sephora. Yahoo News has reported the following companies are standing by their Diversity Equity and Inclusion policies: Cisco, the Cleveland Cavaliers, JP Morgan, Microsoft, Nasdaq, Pinterest, and Salesforce.
Obviously, these lists are not all-encompassing and are changing over time.
Roger Goodell, Commissioner of the National Football League, recently reaffirmed the NFL’s commitment to its Diversity, Equit,y and Inclusion policies: “Diversity and inclusion are fundamental to the NFL’s future. We will continue to build a league that represents the communities we serve.”
Activists have called for economic blackouts against Amazon (March 7 to March 14); Target (March 5 to April 13) and Walmart (April 7 to April 13). Throughout the nation, activists have also taken to protests against Trump’s policies, including on Maui, in Honolulu, and Washington, D.C.
Recently, Hawai‘i Attorney General Anne Lopez joined the Attorneys General of Arizona, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island and Vermont in issuing guidance as to Diversity, Equity, Inclusion and Accessibility Initiatives. “Importantly, diversity, equity, inclusion, and accessibility best practices are not illegal, and the federal government does not have the legal authority to issue an executive order that prohibits otherwise lawful activities in the private sector or mandates the wholesale removal of these policies and practices within private organizations, including those that receive federal contracts and grants,” said the Attorneys General. “Effective diversity, equity, inclusion, and accessibility practices are lawful, help ensure legal compliance and promote organizational success. They focus on supporting all employees and removing barriers that unnecessarily limit opportunities for underrepresented groups. Organizations should develop practices specific to recruitment and hiring, professional development and retention, and assessment and integration.”
The Hawai‘i Employers Council, which represents and assists employers in human resources and other fields, recommends a “Quiet DEI” approach. The Council states there are three key aspects to this approach:
“• Ensuring all employees have equal access to opportunities and resources;
• Fostering an inclusive environment and focusing on psychological safety so all employees feel a sense of belonging;
• Avoiding the use of DEI-specific terminology in policies while maintaining their core purpose.”
The Council recommended considering the following steps: audit police and practices; refine communication; encourage open dialogue; and stay informed. “Despite the uncertainty surrounding DEI policies, employers must continue complying with federal, state, and local laws. Executive orders and agency memos do not override established legal requirements. By focusing on workplace values, language, and culture, employers can continue to promote and maintain inclusive practices while staying within legal boundaries.”
“I believe the reason why Diversity, Equity, and Inclusion are under attack in this country is because it is working!” concludes Aranza. “The truth of the matter is that there are people in power who do not wish for things to be equitable. As Frederick Douglass once said, ‘Power concedes nothing without a demand. It never did and it never will.’ This means that those in power will not voluntarily relinquish their authority nor share it. That is why Diversity, Equity, and Inclusion must be persistently pursued.”
Assistant Editor Alfredo G. Evangelista is a graduate of Maui High School (1976), the University of Southern California (1980), and the University of California at Los Angeles School of Law (1983). He is a sole practitioner at Law Offices of Alfredo Evangelista, A Limited Liability Law Company, concentrating on estate planning, business start-up and consultation, and nonprofit corporations. He has been practicing law for 41 years (since 1983) and returned home in 2010 to be with his family and to marry his high school sweetheart, the former Basilia Tumacder Idica.