The J21 EO demeans “diversity, equity, and inclusion” initiatives and tracks the Trump administration’s broader desire to eliminate public and private efforts to counter various forms of exclusion, bias and bigotry that permeate American society. Federally funded institutions should not, however, interpret the J21 EO and related communications as requiring the elimination or curtailment of existing DEI initiatives.

First, the J21 EO expressly (a) recognizes the right of federally funded institutions to engage in their own First Amendment protected speech and (b) does not apply to academic programs or classroom teaching.

Second, common DEI initiatives are lawful under prevailing federal civil rights laws and Supreme Court precedent.

Third, neither the J21 EO nor related communications change existing federal law. In fact, the J21 EO and DCL concede that DEI initiatives are not inherently unlawful.

Fourth, the constitutionality of the J21 EO is currently being litigated. Among other arguments before the court, evidence suggests that the J21 EO rests on, and furthers, pernicious stereotypes about women and Black people.