Under the act, public institutions of postsecondary education and proprietary schools shall not require any applicant, student, employee, or contractor to submit a diversity, equity, and inclusion statement. Such institutions and schools are further prohibited from giving preferential consideration in admissions or employment on the basis of an individual's or entity's submission of an unsolicited statement relating to a discriminatory ideology.

The act shall not be construed to restrict academic research or prevent an institution from requiring an applicant to discuss the content of such applicant's research or artistic creations.

An applicant, employee, student, or contractor who is compelled to submit a diversity, equity, and inclusion statement or who is adversely affected by a violation of the act's prohibition on preferential consideration may pursue an action for injunctive or declaratory relief. An injunction granted pursuant to the provisions of the act may include an order requiring the institution to take certain actions relating to student admissions or the employment and tenure of staff members.

An employee who violates the act shall, upon the first violation, be placed on unpaid leave for the next academic year and be ineligible for employment at any other institution in the state during such unpaid leave. Upon an employee's second violation of the act, the employee shall be terminated from employment and shall be ineligible for employment at any institution in the state for at least five years.

This act is identical to SB 1125 (2024) and SB 680 (2023) and is similar to provisions in HB 1737 (2024), HB 2198 (2024), and HCS/HB 1196 (2023).

OLIVIA SHANNON