Legal Definitions - diversity

Diversity refers to two primary concepts in law:

• 1. Diversity of Citizenship: This is a specific legal term that allows certain lawsuits to be heard in federal court, even if they don't involve federal law. It applies when the parties involved in a lawsuit (the plaintiff and defendant) are citizens of different U.S. states or one party is a U.S. citizen and the other is a citizen of a foreign country, and the amount of money in dispute exceeds a certain federal minimum (currently $75,000). The purpose is to provide a neutral forum and prevent potential bias that a state court might have against an out-of-state party.

  • Example 1: A resident of Florida sues a construction company incorporated in Georgia for damages exceeding $100,000, alleging faulty workmanship on a vacation home. Because the individual plaintiff and the corporate defendant are citizens of different states and the amount in controversy meets the federal threshold, this case could be filed in federal court based on diversity of citizenship.

    Explanation: The differing state citizenships of the individual (Florida) and the corporation (Georgia) create the "diversity of citizenship" necessary for the federal court to potentially hear the case, providing an alternative to a state court in either Florida or Georgia.

  • Example 2: A small business owner in Oregon enters into a contract with a software development firm based in British Columbia, Canada. When a dispute arises over the software's functionality, the Oregon business owner sues the Canadian firm for breach of contract, seeking $200,000 in damages. This case could be heard in a U.S. federal court.

    Explanation: The lawsuit involves a U.S. citizen (Oregon business owner) and a citizen of a foreign country (Canadian firm), meeting the criteria for diversity of citizenship jurisdiction in federal court, assuming the monetary threshold is met.

• 2. Broader Societal Diversity: In a broader legal context, particularly concerning government policy or action, "diversity" refers to the inclusion of individuals from a wide range of backgrounds, such as different races, ethnicities, genders, socioeconomic statuses, religions, and geographic origins. Courts have recognized that fostering such diversity can serve important societal goals, especially in areas like education, by enriching perspectives, promoting understanding, and preparing individuals for a diverse world.

  • Example 1: A public university implements an admissions policy that, in addition to academic performance, considers an applicant's unique life experiences, cultural background, and socioeconomic challenges to ensure a student body with varied perspectives. The university believes this approach enhances the educational experience for all students.

    Explanation: This policy aims to achieve "broader societal diversity" within the student population, recognizing the educational benefits that come from bringing together individuals with different backgrounds and viewpoints.

  • Example 2: A state government agency responsible for awarding public contracts establishes a program to encourage bids from businesses owned by women, minorities, and veterans. The goal is to ensure that a wider array of businesses have opportunities to participate in the state's economy and to reflect the diversity of the state's population in its contracting partners.

    Explanation: This program seeks to promote "broader societal diversity" in government contracting, aiming for equitable representation and participation from various demographic groups within the business community.

  • Example 3: A large city's police department actively recruits officers from diverse racial, ethnic, and linguistic backgrounds, believing that a force that mirrors the community it serves can build greater trust and improve community relations.

    Explanation: The police department's recruitment strategy is an effort to achieve "broader societal diversity" within its ranks, recognizing the operational and community benefits of having a workforce that reflects the varied backgrounds of the city's residents.