Many public and private employers have been using Diversity, Equity, and Inclusion (DEI) statements during the selection process as part of their mission of having a diverse workforce. This paper focuses on the use of DEI statements in public and private higher education. The paper reviews several key issues relative to the use of DEI statements ranging from the First Amendment to management considerations. We explore several dilemmas that arise due to the use of DEI statements. We note that although the First Amendment is uniquely a US issue, the paper addresses the growth of DEI internationally and the need for international academics to be aware of the issues addressed in this manuscript. We also make recommendations for future research and practice.