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President-elect Trump is poised to mount a significant challenge against corporate and academic diversity initiatives upon taking office, signaling a major shift in federal policy regarding such practices.

Federal agencies, particularly the Justice Department, are expected to initiate investigations and legal proceedings against diversity, equity, and inclusion (DEI) programs, contending that these practices violate discrimination laws.

“DEI is unlawful discrimination,” said Mike Davis, the founder of the Article III Project, a conservative advocacy group, who has advised Trump on legal issues. “It’s illegal for the government to do it. It’s illegal for universities to do it. And it’s illegal for companies to do it.”

This strategic shift would transform the Justice Department’s Civil Rights Division, originally established to protect marginalized groups, into an instrument challenging policies designed to benefit these same communities.

The nomination of Harmeet Dhillon as assistant attorney general underscores Trump’s intentions, with her experience in challenging what he termed “woke policies” being a key factor in her selection.

Supporters of DEI initiatives maintain these policies are essential for addressing historical inequities, while critics argue they prioritize demographic characteristics over merit-based considerations.

The Civil Rights Act’s Title VI could provide legal grounds for challenging university admissions and healthcare equity programs receiving federal funding.

“The argument is going to be to the extent that there’s a consideration of race in any context by any entity that receives federal funds, that’s a problem under Title VI,” said Danielle Conley, the head of the anti-discrimination practice at law firm Latham & Watkins.

Academic institutions appear to be a primary target, with Trump pledging Justice Department investigations into universities he claims are influenced by “radical left” ideology.

“We are going to get this anti-American insanity out of our institutions once and for all,” Trump said in the video, posted in July.

The administration could launch investigations into universities’ compliance with recent Supreme Court rulings on race-conscious admissions and potentially reverse the military academy exemption for affirmative action.

While direct enforcement authority may be limited in some areas, the administration could support existing legal challenges to DEI policies through strategic interpretation of civil rights laws.

America First Legal, under Stephen Miller’s leadership, has spearheaded numerous lawsuits against major corporations’ diversity programs, though many cases have been dismissed due to standing issues.

“It would be a betrayal of the mission of the Civil Rights Division to turn it into a legal force that protects primarily the interests of white men,” said Thomas Healy, a Seton Hall University law professor who has written about civil rights issues.

Civil rights advocates express concern that government scrutiny might discourage corporate diversity commitments, with several major companies already scaling back their initiatives.

“The risk I see is that employers may be worried about getting sued and roll back their programs,” said Amalea Smirniotopoulos, a senior policy counsel at the NAACP Legal Defense Fund. “At the heart of these attacks is fundamentally an attempt to hoard opportunity for a limited group of people.”

Recent polling indicates divided public opinion on addressing structural racism, with half supporting increased government action and one-third opposing such measures.

Legal experts suggest that carefully structured DEI policies focusing on inclusive recruitment rather than explicit racial considerations might withstand legal challenges.

The administration’s efforts may face limitations, particularly in private employment matters, where the Equal Employment Opportunity Commission maintains primary authority through its Democratic majority until at least 2026.