DOJ Likely to Challenge Diversity Programs as Advocates Prep for 'The Most Virulent Anti-dei Administration'

Walmart became the largest company to retract diversity, equity and inclusion policies during the last week of November following a campaign of legal challenges by conservative groups. The move came amid increasing fear that president-elect Donald Trump, who signed an executive order against "race and sex stereotyping and scapegoating" in 2020, will double down against DEI initiatives during his second term.

Making prospects even starker, Project 2025, the controversial policy plan which many consider to be the blueprint for the next administration, has labeled institutions that enact DEI initiatives as "woke culture warriors" and pledged to wield the full force of the federal government against their efforts.

Critics of such programs also claim that they unlawfully discriminate based on race and gender, while advocates maintain they are essential for addressing historical inequities.

Now a new piece by Reuters has revealed that Trump is poised to challenge diversity, equity, and inclusion (DEI) policies in institutions across the United States, including universities and corporations, likely spearheaded by the Department of Justice (DOJ) and other federal agencies.

Trump has signaled his intent to use the DOJ's Civil Rights Division, originally established to combat racial discrimination, to oppose DEI practices. On Monday, when presenting his nomination of Harmeet Dhillon to lead the division, Trump noted that her highlights included "suing corporations who use woke policies to discriminate against their workers."

Title VI of the 1964 Civil Rights Act, which prohibits racial discrimination in federally funded programs, could serve as a foundation for these legal challenges, including those related to university admissions and workplace diversity programs. This marks a continuation of Trump's first-term efforts, such as the 2020 lawsuit against Yale University over admissions policies, which was later dropped under President Joe Biden's administration.

The push against DEI is not limited to universities. Conservative groups, such as America First Legal, have filed numerous lawsuits against corporations like Meta and Amazon for their diversity initiatives. While several cases have been dismissed, the efforts reflect broader conservative opposition to DEI practices.

The broader implications of these initiatives extend beyond legal challenges. DEI proponents warn that the perception of federal hostility toward inclusivity may lead institutions to preemptively scale back programs, even in states without restrictive laws.

"The risk I see is that employers may be worried about getting sued and roll back their programs," said Amalea Smirniotopoulos, a senior policy counsel at the NAACP Legal Defense Fund to Reuters. "At the heart of these attacks is fundamentally an attempt to hoard opportunity for a limited group of people."

Advocates have been taking notice and are preparing for the worse. In a recent piece by The Guardian, David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion, and Belonging, recently said that the Trump administration is "likely to be the most virulent anti-DEI administration that we've seen," while Leah Watson of the ACLU's Racial Justice Program painted a grim picture of how fear is dictating the way institutions react:

"We are very concerned about the broad chilling effect, and we see conservatives misrepresenting the status of the law in order to further the chilling effect. Overcorrections are happening, and things are being cut that don't have to be cut"