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Tag: new rule

  • California leaders say homeowners insurance companies are coming back to the state

    Several homeowners insurance companies that had either left the state or limited policies are coming back or committing to staying in California’s market, Gov. Gavin Newsom and the California Department of insurance said on Wednesday. The development comes about nine months after Insurance Commissioner Ricardo Lara and the department overhauled California’s insurance regulations after several companies had either dropped policies or limited them in the state. KCRA 3 was the first to report the update on Wednesday, after Gov. Newsom appeared to tell Bill Clinton at the Clinton Global Initiative that a handful of companies were coming back to the state. Newsom made the remarks in New York after Clinton asked Newsom what he thought should be done about the situation, which Newsom called one of the most pressing global issues. “We just had four of our admitted market come back,” Newsom told Clinton. “In the last two days or so we had our fourth come back in. We had a lot of folks who were leaving the market, they simply said it was too expensive and the losses are too significant.”Following the remarks, KCRA 3 asked the California Department of Insurance to confirm. A spokesman for the department said the governor’s remarks were accurate and provided a list of the companies that were committing to staying in California. The spokesman noted the list includes three of the state’s largest insurers. The five companies listed are Mercury, CSAA, USAA, Pacific Specialty and California Casualty. After this story first published Wednesday, both USAA and Mercury clarified in separate statements to KCRA 3 the company never stopped writing coverage in the state. A spokesman for Mercury would not say if the state leaders mischaracterized the situation but said they had “simplified” it.The new rules that lured the companies to return or do more business in the state allow insurance companies to consider new factors when they set premiums, including the likelihood of a catastrophe and the cost insurance companies pay to insure themselves, also known as reinsurance. In exchange, the companies have promised to provide more coverage in high-wildfire risk parts of California. State leaders have also been pushing to bring companies back into the market to reduce the number of properties relying on California’s FAIR plan, the state’s insurance of last resort. The plan provides insurance to those who can’t get private insurance and has been facing significant financial challenges as it takes on more claims. “The Sustainable Insurance Strategy helps restore stability and access to California’s homeowners insurance market,” said Mark Pitchford, the Chief Operating Officer at California Casualty Group in a press release Wednesday. “We appreciate all the work being done by the Commissioner and the Department to make coverage more accessible to homeowners across the state.”All five insurers have requested rate increases of 6.9%, according to Michael Soller, a spokesman for the California Department of Insurance. Soller noted the rate increase is identical to thousands approved under past insurance commissioners, but with a promise to remain and grow in the state. “This is a far cry from what has happened in the past, when insurance companies increased their rates and dropped policies,” Soller told KCRA 3 in an email. “Under Commissioner Lara’s Sustainable Insurance Strategy, we are seeing initial signs of market improvement despite the devastating L.A. wildfires. We won’t declare victory prematurely. We will thoroughly review companies’ rate filings to make sure consumers do not pay more than is required.” Speaking with Clinton, the governor acknowledged the new rules will allow for more rapid rate increases.”I think this issue requires leadership at the national level, it is under resourced, under focused. It’s a challenge for me, a challenge for Ron DeSantis, for governors in most states but it’s not top of mind and I think we need to be more focused on it,” Newsom said. See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

    Several homeowners insurance companies that had either left the state or limited policies are coming back or committing to staying in California’s market, Gov. Gavin Newsom and the California Department of insurance said on Wednesday.

    The development comes about nine months after Insurance Commissioner Ricardo Lara and the department overhauled California’s insurance regulations after several companies had either dropped policies or limited them in the state.

    KCRA 3 was the first to report the update on Wednesday, after Gov. Newsom appeared to tell Bill Clinton at the Clinton Global Initiative that a handful of companies were coming back to the state. Newsom made the remarks in New York after Clinton asked Newsom what he thought should be done about the situation, which Newsom called one of the most pressing global issues.

    “We just had four of our admitted market come back,” Newsom told Clinton. “In the last two days or so we had our fourth come back in. We had a lot of folks who were leaving the market, they simply said it was too expensive and the losses are too significant.”

    Following the remarks, KCRA 3 asked the California Department of Insurance to confirm. A spokesman for the department said the governor’s remarks were accurate and provided a list of the companies that were committing to staying in California. The spokesman noted the list includes three of the state’s largest insurers. The five companies listed are Mercury, CSAA, USAA, Pacific Specialty and California Casualty.

    After this story first published Wednesday, both USAA and Mercury clarified in separate statements to KCRA 3 the company never stopped writing coverage in the state.

    A spokesman for Mercury would not say if the state leaders mischaracterized the situation but said they had “simplified” it.

    The new rules that lured the companies to return or do more business in the state allow insurance companies to consider new factors when they set premiums, including the likelihood of a catastrophe and the cost insurance companies pay to insure themselves, also known as reinsurance. In exchange, the companies have promised to provide more coverage in high-wildfire risk parts of California.

    State leaders have also been pushing to bring companies back into the market to reduce the number of properties relying on California’s FAIR plan, the state’s insurance of last resort. The plan provides insurance to those who can’t get private insurance and has been facing significant financial challenges as it takes on more claims.

    “The Sustainable Insurance Strategy helps restore stability and access to California’s homeowners insurance market,” said Mark Pitchford, the Chief Operating Officer at California Casualty Group in a press release Wednesday. “We appreciate all the work being done by the Commissioner and the Department to make coverage more accessible to homeowners across the state.”

    All five insurers have requested rate increases of 6.9%, according to Michael Soller, a spokesman for the California Department of Insurance. Soller noted the rate increase is identical to thousands approved under past insurance commissioners, but with a promise to remain and grow in the state.

    “This is a far cry from what has happened in the past, when insurance companies increased their rates and dropped policies,” Soller told KCRA 3 in an email. “Under Commissioner Lara’s Sustainable Insurance Strategy, we are seeing initial signs of market improvement despite the devastating L.A. wildfires. We won’t declare victory prematurely. We will thoroughly review companies’ rate filings to make sure consumers do not pay more than is required.”

    Speaking with Clinton, the governor acknowledged the new rules will allow for more rapid rate increases.

    “I think this issue requires leadership at the national level, it is under resourced, under focused. It’s a challenge for me, a challenge for Ron DeSantis, for governors in most states but it’s not top of mind and I think we need to be more focused on it,” Newsom said.

    See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

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  • California providers see ‘chilling effect’ if Trump ban on immigrant benefits is upheld

    If the Trump administration succeeds in barring undocumented immigrants from federally funded “public benefit” programs, vulnerable children and families across California would suffer greatly, losing access to emergency shelters, vital healthcare, early education and life-saving nutritional support, according to state and local officials who filed their opposition to the changes in federal court.

    The new restrictions would harm undocumented immigrants but also U.S. citizens — including the U.S.-born children of immigrants and people suffering from mental illness and homelessness who lack documentation — and put intense stress on the state’s emergency healthcare system, the officials said.

    Head Start, which provides tens of thousands of children in the state with early education, healthcare and nutritional support, may have to shutter some of its programs if the new rules barring immigrants withstand a lawsuit filed by California and other liberal-led states, officials said.

    In a declaration filed as part of that litigation, Maria Guadalupe Jaime-Milehan, deputy director of the child care and developmental division of the California Department of Social Services, wrote that the restrictions would have an immediate “chilling effect” on immigrant and mixed-status families seeking support, but also cause broader “ripple effects” — especially in rural California communities that rely on such programs as “a critical safety net” for vulnerable residents, but also as major employers.

    “Children would lose educational, nutritional, and healthcare services. Parents or guardians may be forced to cut spending on other critical needs to fill the gaps, and some may even be forced out of work so they can care for their children,” Jaime-Milehan said.

    Rural communities would see programs shutter, and family providers lose their jobs, she wrote.

    Tony Thurmond, California’s superintendent of public instruction, warned in a declaration that the “chilling effect” from such rules could potentially drive away talented educators who disagree with such policies and decide to “seek other employment that does not discriminate against children and families.”

    Thurmond and Jaime-Milehan were among dozens of officials in 20 states and the District of Columbia who submitted declarations in support of those states’ lawsuit challenging the Trump administration’s new rules. Six other officials from California also submitted declarations.

    The lawsuit followed announcements last month from various federal agencies — including Health and Human Services, Labor, Education and Agriculture — that funding recipients would be required to begin screening out undocumented immigrants.

    The announcements followed an executive order issued by President Trump in which he said his administration would “uphold the rule of law, defend against the waste of hard-earned taxpayer resources, and protect benefits for American citizens in need, including individuals with disabilities and veterans.”

    Trump’s order cited the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, commonly known as welfare reform, as barring noncitizens from participating in federally funded benefits programs, and criticized past administrations for providing exemptions to that law for certain “life or safety” programs — including those now being targeted for new restrictions.

    The order mandated that federal agencies restrict access to benefits programs for undocumented immigrants, in part to “prevent taxpayer resources from acting as a magnet and fueling illegal immigration to the United States.”

    California and the other states sued July 21, alleging the new restrictions target working mothers and their children in violation of federal law.

    “We’re not talking about waste, fraud, and abuse, we’re talking about programs that deliver essential childcare, healthcare, nutrition, and education assistance, programs that have for decades been open to all,” California Atty. Gen. Rob Bonta said.

    In addition to programs like Head Start, Bonta said the new restrictions threatened access to short-term shelters for homeless people, survivors of domestic violence and at-risk youth; emergency shelters for people during extreme weather; soup kitchens, community food banks and food support services for the elderly; and healthcare for people with mental illness and substance abuse issues.

    The declarations are part of a motion asking the federal judge overseeing the case to issue a preliminary injunction barring the changes from taking effect while the litigation plays out.

    Beth Neary, assistant director of HIV health services at the San Francisco Department of Public Health, wrote in her declaration that the new restrictions would impede healthcare services for an array of San Francisco residents experiencing homelessness — including undocumented immigrants and U.S. citizens.

    “Individuals experiencing homelessness periodically lack identity and other documents that would be needed to verify their citizenship or immigration status due to frequent moves and greater risk of theft of their belongings,” she wrote.

    Colleen Chawla, chief of San Mateo County Health, wrote that her organization — the county’s “safety-net” care provider — has worked for years to build up trust in immigrant communities.

    “But if our clients worry that they will not be able to qualify for the care they need, or that they or members of their family face a risk of detention or deportation if they seek care, they will stop coming,” Chawla wrote. “This will exacerbate their health conditions.”

    Greta S. Hansen, chief operating officer of Santa Clara County, wrote that more than 40% of her county’s residents are foreign-born and more than 60% of the county’s children have at least one foreign-born parent — among the highest rates anywhere in the country.

    The administration’s changes would threaten all of them, but also everyone else in the county, she wrote.

    “The cumulative effect of patients not receiving preventive care and necessary medications would likely be a strain on Santa Clara’s emergency services, which would result in increased costs to Santa Clara and could also lead to decreased capacity for emergency care across the community,” Hansen wrote.

    The Trump administration has defended the new rules, including in court.

    In response to the states’ motion for preliminary injunction, attorneys for the administration argued that the rule changes are squarely in line with the 1996 welfare reform law and the rights of federal agencies to enforce it.

    They wrote that the notices announcing the new rules that were sent out by federal agencies “merely recognize that the breadth of benefits available to unqualified aliens is narrower than the agencies previously interpreted,” and “restore compliance with federal law and ensure that taxpayer-funded programs intended for the American people are not diverted to subsidize unqualified aliens.”

    The judge presiding over the case has yet to rule on the preliminary injunction.

    Kevin Rector

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  • Realtor rules just changed dramatically. Here’s what buyers and sellers can expect

    Realtor rules just changed dramatically. Here’s what buyers and sellers can expect

    So long, 6% commission.

    For decades, real estate commissions have been somewhat standardized, with most home sellers paying 5% to 6% commission to cover both the listing agent and the buyer’s agent.

    On Friday, everything changed.

    A landmark agreement from the National Assn. of Realtors paved the way for a new set of rules that will likely shake up the entire industry, affecting sellers, buyers and the agents tasked with pushing deals across the finish line.

    The most pivotal rule change pertains to how buyers’ agents are paid. Traditionally, home sellers have paid for the commission of both their agent and the buyer’s agent, which critics argue stifled competition and drove up home prices.

    The new rule prohibits most listings from saying how much buyers’ agents are paid, removing the assumption that sellers are on the hook for paying both agents.

    The other new rule requires buyers’ agents to enter into written agreements with their clients, known as buyer brokerage agreements. These agreements outline exactly what services will be provided — and for how much.

    The changes will take effect this July, pending court approval, and will have major implications on how real estate deals are done. Here’s how buyers, sellers and brokers will likely be affected.

    Lower fees for sellers

    The most obvious takeaway is that if buyers end up paying for their real estate agents instead of sellers, sellers are set to save a lot of money.

    In February, the average Southern California home sold for $842,997. Under the old system, where sellers pay both agents 3% commission, they’d shell out $50,580. But if they only have to pay one agent 3%, they’d save $25,290.

    Buyers, then, would be the ones footing the bill for their agent. The added expense might seem pricy, but Michael Copeland, a real estate agent in Palm Springs, said the final numbers might ultimately shake out the same under the new rules.

    “Buyers were often told by their agents that they didn’t have to pay anything and that services were free,” Copeland said. “But that’s not necessarily true.”

    Copeland said when sellers pay 6% commission to split between both agents, they pad that number into the purchase price, so buyers actually end up paying more for the home, and thus, pay for their own agent.

    So under the new system, buyers may end up paying their broker 3% commission, but the price of the home might be cheaper since the seller is only paying for their own agent.

    More flexibility for buyers

    One of the biggest complaints about the previous system was that it left buyers out of the negotiation process. Sellers paid each agent’s brokerage 3% or so, and that was that.

    Lawsuits filed against the National Assn. of Realtors alleged that the practice kept commissions artificially high and incentivized buyers’ agents to “steer” them toward properties that offered them higher commission rates.

    But under the new system, more buyers will be negotiating directly with their own agents — not just how much they’ll pay them, but what services they want the agent to provide. And those expectations will be specifically outlined in the buyer brokerage agreements, which are now required.

    “Some buyers may just hire an attorney and pay a fee to handle the transaction,” Copeland said. “Or they’ll want to hire an agent as a consultant. Someone they can ask questions.”

    In the age of the internet, access to real estate information is at an all-time high. Buyers can know virtually anything about a home on the market: not just bedrooms, bathrooms and square footage, but how much the home previously sold for, and how much similar homes in the area are selling for.

    Buyers can also receive alerts to know exactly when a house in their price range hits the market, so some savvy shoppers might opt for an agent who leaves the touring process to them, but can help them look over an inspection report and file the right paperwork in the closing stages of the deal.

    If a buyer wants a robust, hands-on agent that’s available 24/7, they can offer 3% or even more. If they want an agent who can just handle the more technical elements of the deal, they could offer 1% or 2%.

    Some buyers might try to handle the process themselves and not pay an agent at all.

    “Good agents will be able to show their value,” said Compass agent Michael Khorshidi. “Agents who aren’t able to show their value won’t benefit from this.”

    New dynamics — and roles — for agents

    For many agents, representing buyers can be rewarding since they get to help someone find their dream home, but the process is often more time-intensive. Agents might spend weeks or months setting up tours for clients, and there’s no guarantee that they’ll even buy a property in the end.

    For that reason, many veteran agents prefer to represent sellers. The work is often more efficient — especially in a hot market, where deals can close in days.

    So if the new rules leave less guaranteed money on the table for buyers’ agents, those agents might try to switch sides and only represent sellers. Or if they’re not able to make enough money representing buyers, they might exit the industry altogether — a trend that’s already taking place in Southern California’s cold post-pandemic real estate market.

    Brent Chang, a luxury agent active in San Marino and Pasadena, said the new rules could lead to agents who specialize in specific types of sales.

    “Just as there are agents like me who specialize in selling landmark properties, a new group of agents will emerge who specialize in helping buyers with highly competitive properties,” Chang said.

    He said agents who have a proven track record of winning properties for their clients will be able to demand higher commissions.

    Or their deals can be performance based. For example, an agent could represent you for 3%, and if they get the property for you, it’s another 3%.

    “Ultimately, if the ruling leads to buyers receiving better service from their agents, then it has merit,” he said. “But I suspect it’ll be a while until we understand the consequences of these changes.”

    Jack Flemming

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  • California’s home insurer of last resort sees enrollment surge, raising concerns over its finances

    California’s home insurer of last resort sees enrollment surge, raising concerns over its finances

    With home insurers scaling back coverage in the state, enrollment is surging in California’s backstop insurance plan — as is the plan’s risk of sustaining losses that it can’t cover.

    Victoria Roach, president of the FAIR Plan Assn., told lawmakers this week that property owners even in areas with low wildfire risk were finding it difficult to keep their homes insured as companies increased rates, limit coverage or left areas susceptible to natural disasters amid climate change.

    That has prompted thousands of Californians to purchase coverage through the state insurer as a last resort. Funded by the insurers doing business in California, the Fair Access to Insurance Requirement plan provides a limited policy as a fallback for property owners unable to find conventional coverage they can afford.

    Roach said the Fair Plan set a new record last month when it added 15,000 new policyholders.

    The FAIR plan has about 375,000 policyholders, and the insurer’s total risk exposure was $311 billion as of December 2023; it was $50 billion in 2018.

    “We’re one of the largest writers in the state right now in terms of new business coming in,” Roach said. “As those numbers climb, our financial stability comes more into question.”

    Roach said homeowners and businesses are typically insured by any of the state’s 118 standard insurers or 132 surplus line insurers, which specialize in high-risk insurance.

    “Unfortunately, as you know with the current state of the market, I think this is often reversed because there’s not a lot of options out there for people,” Roach told lawmakers during Wednesday’s Assembly Insurance Committee. “Instead, the FAIR plan is quickly moving to be the first resort for a lot of people.”

    She said consumers who would never have sought insurance through the FAIR plan in years past were now among the new policyholders, many of whom were not living in wildfire areas.

    The insurer’s expansion is the latest wrinkle in California’s ongoing insurance crisis, and it mirrors a similar trend across the country of major companies dropping customers in areas prone to wildfires, flooding and hurricanes.

    Florida’s state insurance of last resort, known as the Citizens Property Insurance Corp., has become the largest property insurer there, adding about 11,000 new policies in the last two weeks, according to local reports.

    In Louisiana, state officials have been trying to address an insurance crisis following a series of hurricanes in 2020 and 2021 that caused insurance companies to stop renewing policies or leave the state.

    Since 2022, at least eight insurers, led by State Farm and Allstate, have announced plans to stop offering home insurance to new customers or withdraw from the state entirely. Some blamed a spike in the cost of reinsurance — insurance policies that insurance companies buy to cover their big losses — and financial strains caused by inflation that have made materials and labor for home repair and rebuilding costly.

    The potential loss of insurers prompted Gov. Gavin Newsom to issue an executive order commanding the insurance commissioner to take action to address issues with the insurance market and expand coverage options for consumers.

    Insurance Commissioner Ricardo Lara’s response to the crisis is a set of new rules still being implemented that would allow insurers to raise rates to cover reinsurance costs and projected losses from catastrophic fires, but also require them to provide coverage for more homes in the canyons and hills. The proposals, which aim to move people off the FAIR plan and slow the increase in premiums, have won support from insurance industry trade groups and some consumer groups, but criticism from other consumer advocates.

    Under the existing system, insurers need to apply to the Department of Insurance to raise their average rates across the state and prove that the price hike is justified. The process allows consumer advocates to intervene to contest the insurer’s claims.

    This system was created when California voters approved Proposition 103 in 1988, but the insurance department went a couple of steps further than the ballot measure. Its rules barred insurance companies from including the cost of reinsurance in their rates and allowed the use only of historical loss data, rather than forward-looking simulations, to support a hike in premiums.

    Insurance industry representatives have been trying to lift both of those restrictions for years, but their calls have intensified as insurers have pulled back coverage in California.

    On Thursday, Lara proposed a regulation that would allow insurers to use catastrophe modeling that takes into account the projected impacts of climate change and other shifting factors when asking to raise rates.

    “We can no longer look solely to the past as a guide to the future,” Lara said in a statement. “My strategy will help modernize our marketplace, restoring options for consumers while safeguarding the independent, transparent review of rate filings by Department of Insurance experts, which is a bedrock principle of California law.”

    The proposed regulation comes a week after the Los Angeles County Board of Supervisors approved a motion demanding that Lara investigate the compliance measures that insurance companies require from homeowners to keep their coverage.

    “It’s no secret that insurance providers have become more conservative due to increased wildfire threats statewide,” said Supervisor Kathryn Barger, who introduced the motion, in a statement. “As a result, homeowners are increasingly being put in a very tough position: pay higher premiums and comply with varied, costly, and inconsistent mitigation requirements or lose your insurance.”

    She added: “I’ve heard from many of my constituents district wide who are facing steep cost increases or being dropped altogether by their insurance carriers and left to fend for themselves. That’s simply unacceptable.”

    In response to proposed expansion of catastrophe models, Consumer Watchdog, a consumer advocacy group that often intervenes in proposed rate hikes, said Lara’s proposed regulation limits transparency.

    “Black box catastrophe models are notoriously contradictory and unreliable, which is why public review and transparency are key before insurance companies are allowed to use them to raise rates,” the group wrote in a statement. “Commissioner Lara’s proposed rule appears drafted to limit the information available to the public about the impact of models on rates in violation of Proposition 103.”

    The group contends that the rule fails to spell out how the Department of Insurance would assess a model’s bias or accuracy and instead creates “a pre-review process that appears primarily focused on determining what information companies must disclose and what they may conceal from public view.”

    “California needs a public catastrophe model to ensure climate data is transparent and to prevent insurance price-gouging and bias.”

    Staff writer Sam Dean contributed to this report.

    Ruben Vives

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  • The Moral Case Against Euphemism

    The Moral Case Against Euphemism

    The Sierra Club’s Equity Language Guide discourages using the words stand, Americans, blind, and crazy. The first two fail at inclusion, because not everyone can stand and not everyone living in this country is a citizen. The third and fourth, even as figures of speech (“Legislators are blind to climate change”), are insulting to the disabled. The guide also rejects the disabled in favor of people living with disabilities, for the same reason that enslaved person has generally replaced slave : to affirm, by the tenets of what’s called “people-first language,” that “everyone is first and foremost a person, not their disability or other identity.”

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    The guide’s purpose is not just to make sure that the Sierra Club avoids obviously derogatory terms, such as welfare queen. It seeks to cleanse language of any trace of privilege, hierarchy, bias, or exclusion. In its zeal, the Sierra Club has clear-cut a whole national park of words. Urban, vibrant, hardworking, and brown bag all crash to earth for subtle racism. Y’all supplants the patriarchal you guys, and elevate voices replaces empower, which used to be uplifting but is now condescending. The poor is classist; battle and minefield disrespect veterans; depressing appropriates a disability; migrant—no explanation, it just has to go.

    Equity-language guides are proliferating among some of the country’s leading institutions, particularly nonprofits. The American Cancer Society has one. So do the American Heart Association, the American Psychological Association, the American Medical Association, the National Recreation and Park Association, the Columbia University School of Professional Studies, and the University of Washington. The words these guides recommend or reject are sometimes exactly the same, justified in nearly identical language. This is because most of the guides draw on the same sources from activist organizations: A Progressive’s Style Guide, the Racial Equity Tools glossary, and a couple of others. The guides also cite one another. The total number of people behind this project of linguistic purification is relatively small, but their power is potentially immense. The new language might not stick in broad swaths of American society, but it already influences highly educated precincts, spreading from the authorities that establish it and the organizations that adopt it to mainstream publications, such as this one.

    Although the guides refer to language “evolving,” these changes are a revolution from above. They haven’t emerged organically from the shifting linguistic habits of large numbers of people. They are handed down in communiqués written by obscure “experts” who purport to speak for vaguely defined “communities,” remaining unanswerable to a public that’s being morally coerced. A new term wins an argument without having to debate. When the San Francisco Board of Supervisors replaces felon with justice-involved person, it is making an ideological claim—that there is something illegitimate about laws, courts, and prisons. If you accept the change—as, in certain contexts, you’ll surely feel you must—then you also acquiesce in the argument.

    In a few cases, the gap between equity language and ordinary speech has produced a populist backlash. When Latinx began to be used in advanced milieus, a poll found that a large majority of Latinos and Hispanics continued to go by the familiar terms and hadn’t heard of the newly coined, nearly unpronounceable one. Latinx wobbled and took a step back. The American Cancer Society advises that Latinx, along with the equally gender-neutral Latine, Latin@, and Latinu, “may or may not be fully embraced by older generations and may need additional explanation.” Public criticism led Stanford to abolish outright its Elimination of Harmful Language Initiative—not for being ridiculous, but, the university announced, for being “broadly viewed as counter to inclusivity.”

    In general, though, equity language invites no response, and condemned words are almost never redeemed. Once a new rule takes hold—once a day in history can no longer be dark, or a waitress has to be a server, or underserved and vulnerable suddenly acquire red warning labels—there’s no going back. Continuing to use a word that’s been declared harmful is evidence of ignorance at best or, at worst, a determination to offend.

    Like any prescribed usage, equity language has a willed, unnatural quality. The guides use scientific-sounding concepts to lend an impression of objectivity to subjective judgments: structural racialization, diversity value proposition, arbitrary status hierarchies. The concepts themselves create status hierarchies—they assert intellectual and moral authority by piling abstract nouns into unfamiliar shapes that immediately let you know you have work to do. Though the guides recommend the use of words that are available to everyone (one suggests a sixth-to-eighth-grade reading level), their glossaries read like technical manuals, put together by highly specialized teams of insiders, whose purpose is to warn off the uninitiated. This language confers the power to establish orthodoxy.

    Mastering equity language is a discipline that requires effort and reflection, like learning a sacred foreign tongue—ancient Hebrew or Sanskrit. The Sierra Club urges its staff “to take the space and time you need to implement these recommendations in your own work thoughtfully.” “Sometimes, you will get it wrong or forget and that’s OK,” the National Recreation and Park Association guide tells readers. “Take a moment, acknowledge it, and commit to doing better next time.”

    The liturgy changes without public discussion, and with a suddenness and frequency that keep the novitiate off-balance, forever trying to catch up, and feeling vaguely impious. A ban that seemed ludicrous yesterday will be unquestionable by tomorrow. The guides themselves can’t always stay current. People of color becomes standard usage until the day it is demoted, by the American Heart Association and others, for being too general. The American Cancer Society prefers marginalized to the more “victimizing” underresourced or underserved—but in the National Recreation and Park Association’s guide, marginalized now acquires “negative connotations when used in a broad way. However, it may be necessary and appropriate in context. If you do use it, avoid ‘the marginalized,’ and don’t use marginalized as an adjective.” Historically marginalized is sometimes okay; marginalized people is not. The most devoted student of the National Recreation and Park Association guide can’t possibly know when and when not to say marginalized; the instructions seem designed to make users so anxious that they can barely speak. But this confused guidance is inevitable, because with repeated use, the taint of negative meaning rubs off on even the most anodyne language, until it has to be scrubbed clean. The erasures will continue indefinitely, because the thing itself—injustice—will always exist.

    In the spirit of Strunk and White, the guides call for using specific rather than general terms, plain speech instead of euphemisms, active not passive voice. Yet they continually violate their own guidance, and the crusade to eliminate harmful language could hardly do otherwise. A division of the University of Southern California’s School of Social Work has abandoned field, as in fieldwork (which could be associated with slavery or immigrant labor) in favor of the obscure Latinism practicum. The Sierra Club offers refuse to take action instead of paralyzed by fear, replacing a concrete image with a phrase that evokes no mental picture. It suggests the mushy protect our rights over the more active stand up for our rights. Which is more euphemistic, mentally ill or person living with a mental-health condition? Which is more vague, ballsy or risk-taker? What are diversity, equity, and inclusion but abstractions with uncertain meanings whose repetition creates an artificial consensus and muddies clear thought? When a university administrator refers to an individual student as “diverse,” the word has lost contact with anything tangible—which is the point.

    The whole tendency of equity language is to blur the contours of hard, often unpleasant facts. This aversion to reality is its main appeal. Once you acquire the vocabulary, it’s actually easier to say people with limited financial resources than the poor. The first rolls off your tongue without interruption, leaves no aftertaste, arouses no emotion. The second is rudely blunt and bitter, and it might make someone angry or sad. Imprecise language is less likely to offend. Good writing—vivid imagery, strong statements—will hurt, because it’s bound to convey painful truths.

    Katherine Boo’s Behind the Beautiful Forevers is a nonfiction masterpiece that tells the story of Mumbai slum dwellers with the intimacy of a novel. The book was published in 2012, before the new language emerged:

    The One Leg’s given name was Sita. She had fair skin, usually an asset, but the runt leg had smacked down her bride price. Her Hindu parents had taken the single offer they got: poor, unattractive, hard-working, Muslim, old—“half-dead, but who else wanted her,” as her mother had once said with a frown.

    Translated into equity language, this passage might read:

    Sita was a person living with a disability. Because she lived in a system that centered whiteness while producing inequities among racial and ethnic groups, her physical appearance conferred an unearned set of privileges and benefits, but her disability lowered her status to potential partners. Her parents, who were Hindu persons, accepted a marriage proposal from a member of a community with limited financial resources, a person whose physical appearance was defined as being different from the traits of the dominant group and resulted in his being set apart for unequal treatment, a person who was considered in the dominant discourse to be “hardworking,” a Muslim person, an older person. In referring to him, Sita’s mother used language that is considered harmful by representatives of historically marginalized communities.

    Equity language fails at what it claims to do. This translation doesn’t create more empathy for Sita and her struggles. Just the opposite—it alienates Sita from the reader, placing her at a great distance. A heavy fog of jargon rolls in and hides all that Boo’s short burst of prose makes clear with true understanding, true empathy.

    The battle against euphemism and cliché is long-standing and, mostly, a losing one. What’s new and perhaps more threatening about equity language is the special kind of pressure it brings to bear. The conformity it demands isn’t just bureaucratic; it’s moral. But assembling preapproved phrases from a handbook into sentences that sound like an algorithmic catechism has no moral value. Moral language comes from the struggle of an individual mind to absorb and convey the truth as faithfully as possible. Because the effort is hard and the result unsparing, it isn’t obvious that writing like Boo’s has a future. Her book is too real for us. The very project of a white American journalist spending three years in an Indian slum to tell the story of families who live there could be considered a gross act of cultural exploitation. By the new rules, shelf upon shelf of great writing might go the way of blind and urban. Open Light in August or Invisible Man to any page and see how little would survive.

    The rationale for equity-language guides is hard to fault. They seek a world without oppression and injustice. Because achieving this goal is beyond anyone’s power, they turn to what can be controlled and try to purge language until it leaves no one out and can’t harm those who already suffer. Avoiding slurs, calling attention to inadvertent insults, and speaking to people with dignity are essential things in any decent society. It’s polite to address people as they request, and context always matters: A therapist is unlikely to use terms with a patient that she would with a colleague. But it isn’t the job of writers to present people as they want to be presented; writers owe allegiance to their readers, and the truth.

    The universal mission of equity language is a quest for salvation, not political reform or personal courtesy—a Protestant quest and, despite the guides’ aversion to any reference to U.S. citizenship, an American one, for we do nothing by half measures. The guides follow the grammar of Puritan preaching to the last clause. Once you have embarked on this expedition, you can’t stop at Oriental or thug, because that would leave far too much evil at large. So you take off in hot pursuit of gentrification and legal resident, food stamps and gun control, until the last sin is hunted down and made right—which can never happen in a fallen world.

    This huge expense of energy to purify language reveals a weakened belief in more material forms of progress. If we don’t know how to end racism, we can at least call it structural. The guides want to make the ugliness of our society disappear by linguistic fiat. Even by their own lights, they do more ill than good—not because of their absurd bans on ordinary words like congresswoman and expat, or the self-torture they require of conscientious users, but because they make it impossible to face squarely the wrongs they want to right, which is the starting point for any change. Prison does not become a less brutal place by calling someone locked up in one a person experiencing the criminal-justice system. Obesity isn’t any healthier for people with high weight. It’s hard to know who is likely to be harmed by a phrase like native New Yorker or under fire; I doubt that even the writers of the guides are truly offended. But the people in Behind the Beautiful Forevers know they’re poor; they can’t afford to wrap themselves in soft sheets of euphemism. Equity language doesn’t fool anyone who lives with real afflictions. It’s meant to spare only the feelings of those who use it.

    The project of the guides is utopian, but they’re a symptom of deep pessimism. They belong to a fractured culture in which symbolic gestures are preferable to concrete actions, argument is no longer desirable, each viewpoint has its own impenetrable dialect, and only the most fluent insiders possess the power to say what is real. What I’ve described is not just a problem of the progressive left. The far right has a different vocabulary, but it, too, relies on authoritarian shibboleths to enforce orthodoxy. It will be a sign of political renewal if Americans can say maddening things to one another in a common language that doesn’t require any guide.


    This article appears in the April 2023 print edition with the headline “The Moral Case Against Euphemism.” When you buy a book using a link on this page, we receive a commission. Thank you for supporting The Atlantic.

    George Packer

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