After four years of the Biden administration embedding diversity, equity, and inclusion (DEI) across federal operations, the incoming Trump administration appears poised to unravel these policies. With promises to uproot what some critics term “woke ideology,” the administration has a clear path to reversing DEI initiatives, tackling agency policies, educational mandates, and grant funding mechanisms.
Undoing Biden’s Executive Orders
Joe Biden’s presidency established a “whole-of-government equity agenda” through executive orders requiring agencies to implement DEI principles in hiring, training, and grant distribution. Trump’s first step, according to legal experts, would involve repealing these directives. Gail Heriot, a University of San Diego law professor, suggests Trump should prioritize revoking Biden’s orders to remove DEI principles embedded across federal agencies.
Additionally, Trump could reinstate his September 2020 executive order, which prohibited race and sex stereotyping in federal programs and activities, arguing such policies contravene merit-based principles.
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Reforming Hiring and Grants
One major focus would be overhauling DEI-related hiring and grant funding practices. Critics claim that DEI initiatives often conflict with existing anti-discrimination laws. William Jacobson, founder of the Equal Protection Project, advocates for stricter enforcement of anti-discrimination rules in federal programs and contracting. Lawsuits like those targeting the Minority Business Development Agency (MBDA) already highlight legal vulnerabilities in race-based initiatives.
A report by Senator Ted Cruz further underscores the influence of DEI, revealing that over 10% of grant spending by the National Science Foundation during the Biden-Harris era supported DEI-focused projects. Addressing such practices could reduce what opponents consider wasteful spending and promote merit-based fairness.
Targeting DEI in Education
Education policies could face significant scrutiny. Trump’s administration might leverage the Department of Education to address complaints about DEI-related discrimination in schools and universities. This aligns with recent Supreme Court rulings against affirmative action and race-based admissions. William Jacobson emphasizes prompt action by the Office for Civil Rights to investigate complaints of discriminatory programs, while legal fellow GianCarlo Canaparo calls for lawsuits against institutions violating anti-discrimination laws.
Congressional efforts, such as the “Dismantle DEI Act of 2024,” led by Vice President-elect J.D. Vance and Rep. Michael Cloud, aim to eliminate federal DEI offices and prohibit grants promoting DEI agendas. By eliminating incentives for race-based preferences, Congress could reinforce the Supreme Court’s mandate on merit-based admissions.
Broad Impact and Political Considerations
While federal policies are the immediate target, DEI practices in corporate America may also come under fire. Trump’s administration could pursue high-profile lawsuits against discriminatory corporate programs to set broader legal precedents.
Legal experts warn, however, that sustainable change requires legislative action. Congressional amendments to Title VII, which prohibits disparate impact policies, could prevent future administrations from reinstating DEI mandates.
Legacy of Racial Neutrality
If successful, Trump’s campaign to dismantle DEI policies could cement his legacy as a president who championed racial neutrality and meritocracy. Proponents argue that removing DEI frameworks restores fairness, while critics view the effort as an erosion of progress on systemic inequities.
As Trump’s administration prepares to confront DEI in government, education, and beyond, the next four years could redefine America’s approach to equity and inclusion.
