A sea change is at hand.
Little noticed in the blizzard of executive orders issued by President Trump is this provision in Executive Order No. 14173 for getting federal money:
(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.
In other words, if you want federal money, you will have to “certify” that you do not “operate any programs promoting” DEI (diversity, equity and inclusion) “that violate any applicable Federal anti-discrimination laws.” And the order eases the way for enforcement through whistleblower claims.
Major universities may be the most impacted because they rely heavily on tens of billions of dollars in contracts and grants paid out nationally every year by the federal government. Many of those schools also continue to maintain aggressive DEI programs that are highly suspect under Federal anti-discrimination laws.
That spells big trouble unless they end or curtail DEI programs, and fast. They will either be disqualified from new federal grants or face severe consequences for signing a false certification.
