President-elect Donald Trump's upcoming administration prepares to tackle diversity, equity, and inclusion initiatives embedded throughout the federal government following his recent election victory.
According to The Daily Caller, the incoming administration has identified multiple strategies to reverse Biden-era DEI policies, from agency hiring practices to grant funding decisions, with support from legal experts and DEI opponents.
The transition team aims to begin by withdrawing President Biden's executive orders that established DEI requirements across federal agencies. These orders included Biden's day-one directive for a government-wide equity agenda and his June 2021 mandate for DEI training and hiring practices in federal workplaces.
Legal experts suggest Trump could reinstate his September 2020 executive order that previously banned certain types of diversity training in federal agencies. University of San Diego law professor Gail Heriot emphasized the importance of removing Biden's executive orders that integrated DEI practices throughout the executive branch.
The administration plans to target DEI employment policies within federal agencies and review programs that distribute funds based on identity characteristics. William Jacobson, Cornell Law School professor, stated that many current DEI practices potentially violate existing anti-discrimination laws.
Recent legal challenges have already impacted some federal DEI initiatives. In March, a federal judge ruled against the Minority Business Development Agency's race-based assistance programs, declaring them unconstitutional.
The Department of Education's Office for Civil Rights would play a crucial role in addressing DEI-related complaints at educational institutions. The Equal Protection Project has submitted approximately 50 complaints against colleges and universities over the past 18 months regarding potentially discriminatory practices.
GianCarlo Canaparo from the Heritage Foundation suggested that the Department of Justice's Office of Civil Rights should focus on investigating organizations that allocate resources based on racial criteria. He emphasized the importance of pursuing both high-profile and smaller cases to establish comprehensive enforcement.
These efforts would build upon recent developments, including the Supreme Court's decision to strike down affirmative action in higher education. Universities have since attempted various alternative approaches to maintain diversity in admissions, such as considering "adversity" scores and implementing identity-focused essay questions.
Congressional intervention appears necessary for lasting change. Heritage Foundation legal fellow GianCarlo Canaparo stated:
At some point in the future, Democrats are going to control all those agencies again, and if these tools are on the table, they're going to use them
The Dismantle DEI Act of 2024, introduced by Vice President-elect J.D. Vance and Rep. Michael Cloud, represents a legislative approach to addressing these issues. The bill, which recently passed the House Oversight Committee, aims to eliminate federal DEI programs and restrict DEI promotion in federal grants and contracts.
GianCarlo Canaparo emphasized the historical significance of these potential changes:
If Trump is successful in his campaign to end woke discrimination, he'll go down in history as one of the greatest presidents for the promise of racial neutrality in America
The incoming Trump administration faces the complex task of reforming federal DEI policies implemented during President Biden's term. Through executive orders, agency oversight, and support for legislative action, the administration plans to address DEI practices in government agencies, educational institutions, and federally funded programs. These efforts align with recent legal precedents and aim to establish long-term changes through both executive and legislative channels.
