When President Trump signed his executive order titled Ending Radical and Wasteful Government DEI Programs and Preferencing, virtually all the focus was on its impact on DEI across the federal government; see Culling the Herd: Thanks to Trump's EO, DEI Departments are Shuttered, Employees Placed on Leave. The guidance memo from OPM ordered the shuttering of DEI programs, mandated the staff be placed on paid administrative leave, required agencies to identify all staff associated with the programs as of November 5 and report instances where offices and programs had been renamed, and to make plans for a reduction-in-force. From the memo at the end of this post:
3. No later than 5:00 pm EST on Friday, January 31, 2025, submit to OPM:
a. a written plan for executing a reduction-in-force action regarding the employees who work in a DEIA office. Agencies should coordinate with OPM in preparing these plans,
b. a list of all contract descriptions or personnel position descriptions that were changed since November 5, 2024 to obscure their connection to DEIA programs.
That's great, but how does this work when federal contractors and universities with massive federal grant dollars are still following a racialist and, in some cases, racist agenda?
Trump's executive order, as it turns out, is much more than an attack on DEI in government; it is a declaration of war against DEI anywhere.
Federal contractors must certify they do not adhere to DEI as a condition of holding contracts.
(iv) The head of each agency shall include in every contract or grant award:
(A) A term requiring the contractual counterparty or grant recipient to agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and
(B) A term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.
Further into the executive order, you find this assignment given to the federal bureaucracy.
(b) To further inform and advise me so that my Administration may formulate appropriate and effective civil-rights policy, the Attorney General, within 120 days of this order, in consultation with the heads of relevant agencies and in coordination with the Director of OMB, shall submit a report to the Assistant to the President for Domestic Policy containing recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. The report shall contain a proposed strategic enforcement plan identifying:
(i) Key sectors of concern within each agency’s jurisdiction;
(ii) The most egregious and discriminatory DEI practitioners in each sector of concern;
(iii) A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences. As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars;
(iv) Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws;
(v) Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and
(vi) Potential regulatory action and sub-regulatory guidance.
Read that carefully. Trump anticipates targeting DEI for civil rights violations. He also requires "each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars." When you consider the number of federal agencies, this is nothing less than an all-out effort to eradicate DEI. Couple this with a changed legal environment (Affirmative Action Has a Very Rough, No Good Day at the Supreme Court – RedState), and there is a real possibility that businesses, universities, and non-profits will have to choose between DEI and federal funds.
READ THE OPM MEMO
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