Goldwater Institute lawsuit aims to force ASU to drop Inclusive Communities employee training
Download mp3 (1.35 MB)
The Goldwater Institute, a Phoenix-based conservative think tank, filed a lawsuit against the Arizona Board of Regents on Tuesday. At issue is Arizona State University’s Inclusive Communities employee training.
“The lawsuit more specifically is directed towards the Arizona Board of Regents,” said Stacy Skankey, a Goldwater attorney who helped file the suit. “So while this is directed to ASU because we have found this egregious example with ASU, we want all of the universities and community colleges — anyone under ABOR’s authority — to be looking at this and making sure that they’re also complying.”
According to the complaint, Inclusive Communities violates employees’ freedom of speech.
“Part of those rights is the ability to not speak or not engage in speech that you don’t agree with,” said Skankey. “And so the test portion that happens after this Inclusive Communities training is really where that claim comes into play.”
The suit argues that ASU designates which answers are correct, and Skankey said because passing means selecting those answers, the training shouldn’t be mandatory — or offered at all.
“Public employees should not be forced to take a training or affirm ideas to which they disagree, particularly on a condition of employment,” she said.
The course’s handling of topics like unconscious bias or the influence of white supremacy, said Skankey, places blame or judgment on an individual based on race, ethnicity or sex, which under Arizona law, is illegal.
“You, as an individual, even though you didn’t participate in these past actions, you’re responsible for these things,” Skankey said of how Inclusive Communities presents the topics.
The suit cites a statute passed in the state Legislature roughly two years ago.
“This, as far as we’re aware, is the first case to actually test this statute,” said Skankey. “We have felt looking at this training and this material that this is something that was directly contemplated by the statute, that this goes too far.”
The goal, she said, is for ASU to drop the course entirely.
“We don’t think that these types of things should be mandated anywhere,” said Skankey. “This should send a message more broadly that [diversity, equity and inclusion] needs to go.”
In a statement, ASU said the training promotes an environment of respect, in compliance with the law.
Full ASU statement
Arizona State University is committed to the success of each one of its students who come from all 50 states, 150 different countries, and all socio-economic backgrounds. To help meet that goal, consistent with A.R.S 14-1494, ASU provides its employees Inclusive Communities training which promotes an environment of respect for all backgrounds, beliefs, and life experiences.
