GOP audit committee chair calls state DEI spending ‘rebranded discrimination’ at hearing

Republicans on a legislative audit committee questioned the legality and usefulness of diversity, equity and inclusion initiatives at state agencies and universities during a public hearing at the Wisconsin State Capitol Wednesday.

It comes after GOP-ordered audits showed millions of dollars have been spent on DEI efforts in recent years.

The audits released by the nonpartisan Legislative Audit Bureau showed the Universities of Wisconsin and state agencies have failed to track millions of dollars spent on diversity, equity and inclusion efforts.

Staff with the nonpartisan Legislative Audit Bureau said neither the UW nor the 15 state agencies they reviewed specifically tracked how much money went toward DEI initiatives during the four-year span. They estimated, however, the Universities of Wisconsin spent around $40 million on offices with duties connected to DEI.

The Joint Legislative Audit Committee held a public hearing about the audit, which included testimony from Wisconsin Department of Administration Secretary Kathy Blumenfeld, Universities of Wisconsin President Jay Rothman and UW-Madison Chancellor Jennifer Mnookin. 

Before testimony began, Sen. Eric Wimberger, R-Oconto, who co-chairs the committee, set the table by claiming DEI “cleverly and thinly veils discrimination by implying all people have implicit biases.” 

“These audits expose the waste and unconstitutionality of rebranded discrimination based on immutable characteristics,” Wimberger said. “At the heart of the Constitution’s guarantee of equal protection lies the simple command that the government must treat citizens as individuals, as not as simply components of a racial, religious, sexual or national class.”

During her testimony, Blumenfeld said DEI efforts among agencies are about recruiting and retaining a workforce of state employees that resemble the makeup of Wisconsin.

Wimberger recalled the “olden days” when he said talk of diversity was about not treating people differently based on characteristics like race. He claimed the DOA’s definition of diversity now means the opposite and asked Blumenfeld how it doesn’t “lead to stereotyping.”

Blumenfeld said she wasn’t prepared to get into an argument with Wimberger over the definition of DEI and said the department borrowed language used by former Republican Gov. Scott Walker’s administration to recruit state workers.

“So, why not have a culture that makes people feel valued and respected?” Blumenfeld said. “I’m looking at this as a human capital strategy, right? Let’s bring more people into our funnel. Let’s hire the best talent and deliver service to the state, and let’s retain them.”

Wimberger and other Republicans on the committee followed up with more pointed questions about how the state can attract a more diverse workforce without violating discrimination laws, how to define the term “culture” and why DEI is even needed in the first place.

During the UW portion of the audit hearing, Rothman noted there isn’t a “universally accepted and shared definition” of DEI and said the audit focused on a broad range of policies enacted during the tenure of three UW presidents. He said his goal has been to ensure first-generation students, veterans and those from historically underrepresented groups leave college with an enhanced level of cultural competency.

“We want to do everything we can to help ensure that these individuals progress toward graduation and a successful career. And our work in this space is constantly evolving in that direction,” Rothman said. 

During Mnookin’s testimony, Wimberger asked whether it’s true that UW-Madison still has 60 race-based scholarships. She said since the U.S. Supreme Court struck down Affirmative Action policies in college admissions, the university no longer uses race as a factor when admitting students.

Mnookin said some private donors who sponsor student scholarships do list preferences based on racial characteristics, but the university does not match students qualifying for scholarships with donors based on race or ethnicity. 

“We also are no longer accepting new scholarships from donors that call out identity characteristics in that way,” Mnookin said.

Before the hearing drew to a close, Wimberger said he was encouraged by the direction the UW is heading with regard to DEI. He told Rothman if colleges need viewpoints from more students from disadvantaged families, “find students from disadvantaged families” rather than making assumptions based on race or ethnicity.

The audits are part of an ongoing push by state Republicans and President Donald Trump to end government support for DEI programs. In March, the U.S. Department of Education announced an investigation of the UW-Madison and dozens of other universities across the country for alleged racial discrimination because of the schools’ partnership with a nonprofit encouraging Black, Hispanic and Native American people to earn doctorate degrees in business.