Topeka, Kansas, made significant adjustments to its **Diversity, Equity, and Inclusion (DEI)** policies in 2025 through **Ordinance No. 20568**, passed by the City Council on June 17, 2025 (published June 23, 2025).
### Background and Rationale
The changes responded to federal executive orders issued under the Trump administration, which targeted certain DEI initiatives. City officials worried about losing approximately **$45 million** in federal funding (e.g., from HUD for homelessness, affordable housing, domestic violence programs, and infrastructure). The city attorney warned of risks if the city did not align its policies by certain deadlines.
**Spencer Duncan** (then Policy & Finance Committee chair and District 8 council member, later elected mayor) proposed the updated ordinance. He described it as a difficult but necessary balance: tightening language, reducing references to affirmative action, while still allowing data tracking on contracts under equal opportunity principles. Duncan noted the desire to "push back" but prioritized avoiding funding loss, calling the code a "living document" open to future revisions based on community input.
The council had discussed broader changes in May 2025 (including potentially eliminating the DEI office), paused after public backlash, then advanced a refined version via committee in June.
### Key Changes in Ordinance 20568
The ordinance amended and repealed sections of the Topeka Municipal Code (TMC) related to anti-discrimination, equal opportunity, and contracting. It did **not** eliminate all nondiscrimination protections but shifted emphasis away from specific DEI structures and affirmative action mandates toward general equal treatment and compliance with existing federal/state laws.
**Major repeals**:
- **§ 2.20.120**: Entirely repealed the **Office of Diversity, Equity and Inclusion** (and the Chief Diversity, Equity and Inclusion Officer position, previously appointed by the City Manager).
- **§ 3.30.420 and § 3.30.460**: Repealed requirements incorporating affirmative action procedures for public contracts and mandating that contractors submit affirmative action programs, certificates of compliance, and related reviews (including for minority, women, and disadvantaged business enterprises).
**Major amendments** (examples of shifts in language):
- **§ 2.105.010 (Policy Statement)**: Changed from language about taking "affirmative action to achieve equal opportunity, inclusion and diversity" to focusing on providing "**equal treatment**, diversity and inclusion opportunity" without discrimination based on protected classes (age, color, disability, familial status, gender identity, genetic information, national origin, ancestry, race, religion, sex—including gender identity and sexual orientation per *Bostock v. Clayton County*, veteran status, etc.).
- **Equal Opportunity Officer role (§ 2.105.050)**: Redesignated to the **Human Resources Director** (removing the dedicated DEI officer). Duties shifted toward compliance monitoring, reporting, and equal opportunity oversight rather than targeted recruitment or diversity-specific outreach.
- **Contracting and reporting (§ 3.30.470, § 2.105.040, etc.)**: Broadened nondiscrimination clauses in contracts with expanded protected classes and "equal opportunity employer" phrasing. Removed or simplified requirements for hiring goals, diversity training mandates, and certain compliance reporting tied to affirmative action. Staff could still track contract data guided by equal opportunity.
- **Human Relations Commission (§ 2.255.040)**: Retained and somewhat expanded roles in outreach, education, reviewing quarterly affirmative contracting reports, and recommending policy changes, while cross-referencing broader antidiscrimination chapters.
- **Broader policy (§ 9.20.020 and § 9.20.030)**: Declared discrimination a public concern and affirmed civil rights in employment, housing, and public accommodations, with updated protected classes.
The ordinance took effect immediately upon passage, approval, and publication, with standard severability provisions. No ongoing contingencies were noted beyond the initial funding protection motivation.
### Vote and Reactions
The ordinance passed **5-1**, with **Brett Kell** (then Deputy Mayor, District 5) casting the sole "no" vote. Several other council members were absent.
**Criticism** came primarily from LGBTQ+ advocates and some residents, who viewed the changes as a "cavalier" or unnecessary rollback of hard-won protections built over decades. Critics argued it stripped specific tools like affirmative action plans, hiring goals, and dedicated DEI staffing, potentially increasing risks for protected groups (especially amid uncertain federal protections for gender identity/sexual orientation). Some suggested legal challenges to the federal orders or alternative compliance approaches instead of local changes.
Supporters on the council framed it as pragmatic compliance to protect city services, while insisting nondiscrimination principles remained intact and the policy could evolve.
### Current Status (as of 2026)
As of early 2026, no major public reversals or further amendments to these specific DEI-related sections appear in news coverage. The changes aligned with broader national and state-level scrutiny of DEI programs (including at Kansas universities and agencies). Topeka's code now emphasizes equal treatment and legal compliance over dedicated DEI structures or affirmative action mandates for contracting/employment.
For the exact current text, refer to the official Topeka Municipal Code on the city's website or the full Ordinance 20568 PDF. Local politics can evolve, especially with Spencer Duncan now as mayor and council composition changes.
If you need details on related state-level DEI actions in Kansas, specific code sections before/after, or updates from later meetings, let me know for further checks.
Henry McClure
785.383.9994
