Why Trump’s war on DEI is so diabolical
In the opening weeks of the second Trump presidency, the supposed wrongs of DEI have been used to justify just about everything. Diversity, equity and inclusion policies have been blamed for a tragic aviation disaster and used to justify firing independent agency officials and accessing the nation’s sensitive payment systems and private personal data.
It can be difficult to take seriously these attacks by an administration that appoints staggeringly unqualified individuals to high posts, allows unvetted billionaires and teenagers access to sensitive government databases, and retaliates against public servants who hold wrongdoers accountable. But we must.
The assault on DEI is based on a misleading caricature of these policies and their beneficiaries. It is an attack on well-established principles of equality, based on highly dubious interpretations of the law. And it is designed to bully employers and educators into dangerous and potentially unlawful overcompliance.
Opponents often characterize DEI as “preferences” or “special treatment.” But attacks on DEI threaten a wide range of policies that seek to realize the promise of civil rights law: to advance equal opportunity for all Americans. These benefit not only women, people of color and gay and transgender individuals, but also military veterans, people from impoverished or rural areas, religious minorities and first-generation professionals. DEI policies combat harassment and retaliation. They open the workplace to pregnant and caregiving employees and to persons with disabilities.
Critics define DEI as being in opposition to merit. But DEI’s purpose is exactly the opposite: to remove barriers and biases and ensure that employment opportunities are based on the ability to perform one’s job — not on arbitrary factors such as race, sex, religious beliefs, ancestry or country of origin. At its best, DEI benefits everyone by making workplaces fairer and more accessible. Many business and military leaders believe that diversity bolsters their organizations’ performance and profits.
DEI is not perfect. Some initiatives have arguably been counterproductive, shielded companies from liability without improving workplace conditions, or diverted resources away from policies proven to foster genuine inclusion. But these shortcomings are not Trump's targets.
For example, Trump fired two Democrats on the Equal Employment Opportunity Commission before their terms expired. He also revoked a civil rights mainstay — an executive order that has required equal opportunity in federal contracting since the 1960s.
He ordered federal agencies to terminate all DEI programs, policies and positions for employees, contractors and grant recipients — a move now partially blocked by a federal court. He has directed the Justice Department to investigate and sue private companies who engage in “illegal discrimination and preferences, including DEI.” He has instructed the Equal Employment Opportunity Commission to rescind its enforcement guidance on workplace harassment.
The administration’s assault on DEI reaches far beyond employment. It attacks transgender and gender-expansive individuals in the military, schools, and workplaces.
Trump’s Department of Education threatens federal funding for schools engaged in a range of actions labeled DEI or humane policies on gender identity and sexuality. This has sent many employers and universities scrambling to cancel programs, close DEI offices, fire employees and purge any mention of diversity, affirmative action or gender identity. Many of these actions are premature at best, and illegal or highly questionable at worst.
For example, workplace attacks on transgender and nonbinary individuals contravene the Supreme Court’s 2020 ruling in Bostock v. Clayton County that sex discrimination includes sexual orientation and gender identity. And the administration’s undisguised contempt for trans people surely violates the basic constitutional principle that government action cannot be motivated by a “bare desire to harm a politically unpopular group.”
At the very least, the administration — and anxious employers and institutions — are getting out in front of their skis. They assume that Students for Fair Admissions v. Harvard, the 2023 Supreme Court decision that outlawed race-conscious college admissions, applies to employment — an open question. Significantly, that ruling does not address diversity policies unrelated to race and specifically permits the consideration of applicants’ experiences and identities in admissions decisions.
The executive branch and many courts until recently applied Bostock’s reasoning to other contexts, such as education, housing and health care. The Trump administration’s abrupt reversals, aided by terminations of independent agency officials and intimidation of career civil servants, also are vulnerable to legal challenge.
Trump’s anti-DEI onslaught aggressively pushes legal interpretations that have yet to be adopted by courts. A recent Department of Education letter, for example, declares that “relying on non-racial information as a proxy for race, and making decisions based on that information, violates the law.” A school cannot, for example, “eliminate standardized testing to achieve a desired racial balance or to increase racial diversity.”
The idea that schools and employers cannot consider racial equity in enacting race-neutral, universally applicable policies is radical enough. But the letter also could be read to prohibit reliance on factors such as socioeconomic status — previously championed as an alternative to race-conscious policies.
Employers and institutions that over-correct may leave themselves open to liability. It’s one thing to tweak policies to promote the values of DEI without preferring members of particular groups; it’s quite another to reject those values, even when neutrally applied, altogether. At a minimum, targeting employees perceived to be serving DEI functions likely has a disparate impact on women and people of color.
Moreover, it’s difficult to distinguish this anti-DEI retreat from animus — i.e., unlawful intentional discrimination — against the groups these initiatives are designed to protect. Indeed, the administration’s anti-DEI rhetoric parrots crude race- and sex-based stereotypes that the letter and spirit of our laws clearly prohibit.
Anticipatory compliance is not the only chilling echo of autocratic regimes past and present in the war on DEI. Scapegoating vulnerable minorities and erasing their histories are classic ploys by authoritarians throughout world history. We cannot allow them to succeed.
Serena Mayeri is the Arlin M. Adams Professor of Constitutional Law and Professor of History at the University of Pennsylvania Carey Law School.
-
‘It’s so exciting to be in on this’: why Chelsea owners bought into the Hundred
Jonathan Goldstein, who with Todd Boehly spent £40m to buy half of Trent Rockets, says English cricket has been ‘significantly underexploited’ until now. As a man who has negotiated with Roman ...The Guardian - 1d -
Best seat in the house: writer Geoff Dyer on why sitting in a corner is so satisfying
The author always sits in the corner of a room but doesn’t understand why. Do some people crave the solace of the corner more than others? He finds clues to the compulsion in his upbringing – and ...The Guardian - 6h -
The MAGA Culture War Comes for Georgetown Law
If our liberties can survive a world war, then they can and should survive the Trump administration.The New York Times - 10h -
Postcard from Switzerland: the lure of the ghost resort
Super St-Bernard closed in 2010 — so why are skiers still flocking there?Financial Times - 1d -
Inside the frontlines of Russia as the war with Ukraine continues
NBC News' Keir Simmons gets a rare look inside the frontlines in Russia and talks with residents about the impact of the war with Ukraine as President Trump said he is “strongly considering” ...NBC News - 1d -
'We launched a drug war, not a trade war': NEC director
President Trump’s top economic aide Kevin Hassett was interviewed on "This Week."ABC News - 6h -
The US Army Is Using ‘CamoGPT’ to Purge DEI From Training Materials
Developed to boost productivity and operational readiness, the AI is now being used to “review” diversity, equity, inclusion, and accessibility policies to align them with President Trump’s orders.Wired - 3d -
China returns fire in Trump’s trade war
Tariff salvo on US agricultural goods, Greenland goes to the polls and investors discover if buying Lego is still funFinancial Times - 1h -
Why You Should Sign Up for an I.R.S. Identity Protection PIN
With employees from the so-called Department of Government Efficiency poking around in agency systems, faith in data security isn’t what it once was. The tool, an identity protection PIN, can help.The New York Times - 1d -
China preparing for a protracted trade war with U.S.
China announced retaliatory tariffs on U.S. agricultural products and targeted 25 American companies in response to the now 20% blanket tariffs President Trump placed on all Chinese goods. Anna ...CBS News - 3h -
NIH terminating active research grants related to LGBTQ+, DEI studies
The National Institutes of Health is terminating several active research grants related to studies involving LGBTQ+ issues, gender identity and DEI.ABC News - 1d -
Hollywood's DEI commitments were slipping even before Trump. Now they're vanishing fast
There's been a slow retreat for years from diversity, equity and inclusion initiatives at studios and entertainment companies, experts say.Los Angeles Times - 1d -
Canada to choose new leader to face Trump in trade war with US
Former central banker Mark Carney favoured over Chrystia Freeland to replace Justin Trudeau as Liberal party headFinancial Times - 11h -
Why Social Security’s Future Could Be in DOGE’s Hands
Trump promised that Elon Musk’s DOGE wouldn’t touch Social Security. But DOGE is already making cuts to the agency.Inc. - 9h -
Why NASA Is Trying to Go Back to the Moon
President Trump set the U.S. on a path to sending astronauts back to the lunar surface during his first term. Lately he has expressed more interest in Mars.The New York Times - 3d -
Trump and the end of American soft power
Joseph Nye coined the term for the influence countries exert through attraction. Here he sets out why exclusive nationalism is likely to prove a losing strategyFinancial Times - 1d -
3/8: Saturday Morning
Trump denies reports of infighting between Cabinet, Elon Musk; Why baseball glove company Nokona stands out on the field.CBS News - 18h -
Canadians show their displeasure with President Trump
President Trump took aim at dairy and lumber imports from Canada, but the U.S.'s northern neighbor is fighting back. Ed O'Keefe reports on the latest in the tumultuous trade war.CBS News - 19h -
Trump claims Putin will be more 'generous' in peace talks than 'difficult' Ukraine
Even though President Donald Trump threatened Russia with sanctions, he claimed President Vladamir Putin is more "generous" when it comes to ending the war.ABC News - 1d -
Wall Street Journal: 'Someone should sue' Trump over tariffs
The Wall Street Journal editorial board took a swipe at President Trump's recent tariff threats, alleging the administration is using a 48-year-old law to start a trade war. In a recent op-ed, the ...The Hill - 1d -
Marco Rubio: one-time Russia hawk makes stunning U-turn under Trump
The secretary of state was once a prominent Ukraine supporter and called Putin a ‘war criminal’ – not any more. Marco Rubio , the US secretary of state, looked on as Donald Trump demanded more ...The Guardian - 1d -
Suozzi slams Trump over Ukraine, says Putin shouldn't be awarded for 'awful things' Ukrainians have faced
Rep. Tom Suozzi (D-N.Y.) slammed President Trump over the war in Ukraine on Sunday, also saying that Russian President Vladimir Putin shouldn’t be awarded “for all the awful things that have ...The Hill - 48m -
Ukraine seeks to persuade US to resume aid in high-stakes talks
Zelenskyy in bid to persuade Trump he wants an end to war with Russia after freeze on military and intelligence aidFinancial Times - 25m -
More Americans are now seeking UK citizenship. Three of them tell us why
Donald Trump’s re-election has made many in the US doubt whether the direction of their nation is for them. A record number of Americans are seeking UK citizenship, according to recent data.. In ...The Guardian - 5h -
Ontario's Premier Doug Ford moving ahead with tariffs on the U.S.
Ontario Premier Doug Ford will start tariffs directed at the United States on Monday, unless President Trump's threat of a trade war with Canada comes to an end.CBS News - 1d -
House Republicans unveil spending bill boosting defense and trimming all else
Strategy is not likely to earn Democrats’ votes, so Trump is leaning on Republicans to force it through. US House Republicans unveiled a spending bill Saturday that would keep federal agencies ...The Guardian - 1d -
Firing the Watchdogs | Sunday on 60 Minutes
Hampton Dellinger, former head of a federal watchdog agency, was among the first to be fired by President Trump. So were 18 inspectors general and the chief of the board that protects federal ...CBS News - 22h -
Hundreds of Civilians Killed by Government Forces in Syria, War Monitors Say
More than 1,000 people have been killed in fighting between forces of the new government and remnants of the ousted regime, according to a war monitor, which said about 700 were civilians.The New York Times - 15h -
A Syrian war monitor says the death toll rises to more than 600 in recent violence
A Syrian war monitor says the death toll rises to more than 600 in recent violenceABC News - 1d -
The Sussexes have to earn their bread somehow, so let them make cake | Martha Gill
With Love, Meghan is bad TV, but there are worse ways for a former royal to bring in the bucks than cooking up crostini. So what is it, exactly, that we want from the Duke and Duchess of Sussex ...The Guardian - 1d -
An Australian Wedding So Nice They Celebrated It … Three Times
Ahead of their civil ceremony, Mishti Rahman and Philip Kanis wanted to pay tribute to their Bangladeshi and Greek cultures, as well as their friends.The New York Times - 2d -
'Does it always have to be so dramatic, Scotland?'
Scotland earn their second win of the 2025 Six Nations, but only after doing things the hard way, writes Tom English.BBC News - 22h -
‘A very camp environment’: why Alan Turing fatefully told police he was gay
Ubiquity of then-illegal relations at King’s College, Cambridge, explains puzzling 1952 admission, says scholar. . For decades, it has puzzled historians. Why, in the course of reporting a burglary ...The Guardian - 1d -
Advocates gear up for fight to preserve Education Department
President Trump's battle to end the Department of Education is about to turn into a war as advocates prepare to defend the federal agency through litigation and civic action while he readies an ...The Hill - 1d -
Eye Opener: Russia rejects ceasefire deal
Russia rejected a European-led ceasefire deal that would have ended the war in Ukraine. Meanwhile, the Trump administration announced it is cancelling $400 million in grants to Columbia University. ...CBS News - 1d -
"Canadians are frustrated with our neighbors," ambassador Kirsten Hillman says
Kirsten Hillman, the Canadian ambassador to the U.S., tells "Face the Nation with Margaret Brennan" that amid the ongoing war of words over tariffs with President Trump, "Canadians are frustrated ...CBS News - 3h -
Ice arrests Palestinian activist who helped lead Columbia protests, lawyer says
Mahmoud Khalil’s arrest comes as Trump vows to deport foreign students involved in protests against Israel’s war. A prominent Palestinian activist who helped lead Columbia University’s student ...The Guardian - 19m -
With most male actors at war, a small Ukrainian theater reinvents itself with an all-female cast
The Chernihiv Regional Youth Theater in Ukraine has adapted to the war by having women perform traditionally male roles, after many men left the troupe to fight on the front lineABC News - 1d -
Death toll in violence on Syrian coast rises to more than 1,000, war monitor says
A war monitoring group says the death toll from two days of clashes between security forces and loyalists of ousted Syrian President Bashar Assad and revenge killings that followed has risen to ...ABC News - 23h
More from The Hill
-
Suozzi slams Trump over Ukraine, says Putin shouldn't be awarded for 'awful things' Ukrainians have faced
Rep. Tom Suozzi (D-N.Y.) slammed President Trump over the war in Ukraine on Sunday, also saying that Russian President Vladimir Putin shouldn’t be awarded “for all the awful things that have ...The Hill - 48m -
Schiff: Democrats lacked ‘coordinated response’ to Trump joint address to Congress
Sen. Adam Schiff (D-Calif.) said he thought Democrats lacked a “coordinated response” to President Trump’s joint address to Congress last week. Schiff joined ABC News’s “This Week” on Sunday, where ...The Hill - 1h -
Trump's 'Gaza Riviera' — a profile in arrogance
President Trump has proposed that the U.S. should take over Gaza and turn it into a Mediterranean resort, displacing 2 million Palestinians and potentially leading to regional instability and ...The Hill - 1h -
Schiff on transgender athletes: Confident that 'local communities' can 'make decisions' to ensure sports 'safe,' 'fair'
Sen. Adam Schiff (D-Calif.) said Sunday he’s confident local communities can make their own decisions about whether to let trans athletes participate in women’s sports in a way that is “safe” and ...The Hill - 1h -
How USAID lost its way — and how to fix America's humanitarian aid system
Congress faces a choice: Preserve an outdated, opaque system riddled with inefficiency, or forge a leaner, results-driven model that actually serves those in need.The Hill - 2h
More in Politics
-
Suozzi slams Trump over Ukraine, says Putin shouldn't be awarded for 'awful things' Ukrainians have faced
Rep. Tom Suozzi (D-N.Y.) slammed President Trump over the war in Ukraine on Sunday, also saying that Russian President Vladimir Putin shouldn’t be awarded “for all the awful things that have ...The Hill - 48m -
Schiff: Democrats lacked ‘coordinated response’ to Trump joint address to Congress
Sen. Adam Schiff (D-Calif.) said he thought Democrats lacked a “coordinated response” to President Trump’s joint address to Congress last week. Schiff joined ABC News’s “This Week” on Sunday, where ...The Hill - 1h -
Trump's 'Gaza Riviera' — a profile in arrogance
President Trump has proposed that the U.S. should take over Gaza and turn it into a Mediterranean resort, displacing 2 million Palestinians and potentially leading to regional instability and ...The Hill - 1h -
Schiff on transgender athletes: Confident that 'local communities' can 'make decisions' to ensure sports 'safe,' 'fair'
Sen. Adam Schiff (D-Calif.) said Sunday he’s confident local communities can make their own decisions about whether to let trans athletes participate in women’s sports in a way that is “safe” and ...The Hill - 1h -
How USAID lost its way — and how to fix America's humanitarian aid system
Congress faces a choice: Preserve an outdated, opaque system riddled with inefficiency, or forge a leaner, results-driven model that actually serves those in need.The Hill - 2h