As President-elect Donald Trump prepares to assume office, he has signaled a significant shift in federal policy, with the Justice Department (DOJ) poised to challenge diversity, equity, and inclusion (DEI) initiatives across both private and public sectors. This move is expected to align with the growing conservative opposition to such programs, with Trump’s administration preparing to back a series of investigations and lawsuits, asserting that many DEI practices violate federal anti-discrimination laws.
“DEI is unlawful discrimination,” asserts Mike Davis, founder of the Article III Project, a conservative advocacy group advising Trump on legal matters. Davis argues that government institutions, universities, and private companies that engage in DEI policies are participating in illegal practices.
At the heart of the new direction is the Civil Rights Division of the DOJ, a division originally created in 1957 to enforce anti-discrimination laws aimed at protecting marginalized communities. Under Trump’s leadership, however, this division may now shift its focus to challenging the very policies designed to address inequalities that persist in American society.
Trump’s selection of Harmeet Dhillon, a prominent lawyer known for her legal battles against companies using “woke” policies, to head the division further signals the administration’s intent. Dhillon has made a career out of suing corporations accused of using race-based hiring practices, and her appointment indicates that the DOJ will be taking a proactive role in scrutinizing DEI initiatives.
The Trump administration’s legal challenges are expected to target a wide range of DEI policies, including those related to university admissions and workplace diversity programs. Title VI of the 1964 Civil Rights Act, which prohibits racial discrimination in programs receiving federal funding, provides a potential legal basis for the DOJ to challenge race-conscious admissions policies at universities and diversity programs in healthcare.
Danielle Conley, head of anti-discrimination practice at law firm Latham & Watkins, explained, “The argument is that any consideration of race by entities receiving federal funds could violate Title VI.”
Trump has already signaled his intentions to direct the DOJ to launch investigations into university admissions, particularly those that may be seen as discriminatory toward white and Asian American applicants. This focus stems from the controversial U.S. Supreme Court ruling in 2023 that limits the use of race in college admissions. Legal experts predict that the DOJ may revisit and potentially challenge affirmative action policies, particularly those allowing exemptions for U.S. military academies.
Beyond universities, Trump’s administration may broaden its legal focus to include major corporations. Since 2022, America First Legal, a conservative advocacy group founded by Trump advisor Stephen Miller, has filed numerous lawsuits challenging corporate DEI programs, including actions against tech giants such as Meta Platforms and Amazon.
Despite several dismissals of these lawsuits, America First Legal has vowed to continue pursuing legal challenges, aiming to dismantle corporate diversity initiatives. In fact, several high-profile U.S. companies, including Walmart, JPMorgan Chase, and Starbucks, have already scaled back their DEI efforts, in response to public and legal pressure.
The Trump administration’s stance has drawn sharp criticism from civil rights advocates. Many fear that aggressive legal challenges could lead to the rollback of DEI programs, which have been essential in addressing systemic inequalities. Amalea Smirniotopoulos, Senior Policy Counsel at the NAACP Legal Defense Fund, warns that the threat of legal action could deter companies from fulfilling their diversity commitments. “The heart of these attacks is fundamentally about hoarding opportunity for a limited group of people,” she stated.
Legal experts maintain that some DEI policies—such as expanding recruitment efforts and setting diversity goals—could withstand scrutiny, as long as they avoid explicit racial considerations.
Debo Adegbile, a partner at law firm WilmerHale, noted, “It is not pre-ordained what the outcome of these challenges will be, but legal precedents will play a crucial role in determining their success.”
Despite the momentum behind Trump’s plans to reshape DEI policies, there are significant hurdles ahead. The Equal Employment Opportunity Commission (EEOC), which has the authority to enforce anti-discrimination laws in private sector hiring, is expected to remain under Democratic control until at least 2026. This could limit the scope of Trump’s efforts in the workplace.
Additionally, while the DOJ’s Civil Rights Division can investigate state and local government entities, its ability to challenge private employers directly remains restricted.
As Trump prepares to take office, the stage is set for a major legal showdown over DEI policies in both the public and private sectors. The growing conservative push against these initiatives reflects a broader ideological divide over how best to address racial and gender inequality in America. While legal experts differ on the potential outcomes, the coming months will likely see a wave of challenges that could reshape the future of diversity programs in the U.S.
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