By Jamie Strawbridge
Last week, groups representing chief diversity officers, the City of Baltimore, and others filed suit in federal court in Baltimore to block Trump Administration efforts to dismantle programs promoting diversity, equity, inclusion, and accessibility (DEIA).
Plaintiffs challenge President Trump’s “crusade to erase diversity, equity, inclusion, and accessibility from our country.” The lawsuit focuses on Executive Orders 14151 and 14173, which were issued last month and, among other things, order the removal of “DEI” and “DEIA” programs and professionals from executive branch agencies and require federal agencies to end, to the extent allowed by law, “all . . . ‘equity-related’ grants or contracts.”
The orders, which also threaten private-sector businesses pursuing DEIA initiatives with potential investigations, raise questions about whether disability inclusion efforts (in addition to race- and sex-based inclusion efforts) also will be scrutinized by the new administration.
President Trump’s orders are unconstitutional, plaintiffs allege, for two principal reasons. First, because they fail to define key terms such as “DEI,” “DEIA,” and “equity-related,” the orders are so vague that they violate the Fifth Amendment’s Due Process Clause. The lawsuit further alleges Executive Order 14173 violates the First Amendment because it threatens investigations against private-sector organizations who continue DEI programs.
Although the Trump Administration’s anti-DEIA actions may implicate disability inclusion efforts, disability-based affirmative action is not unconstitutional or illegal. In fact, programs promoting disability inclusion, nondiscrimination, and accessibility are required under federal law, including the Rehabilitation Act, as explained here.
Still, the Trump Administration’s actions raise questions about whether and how people with disabilities will be affected.
The lawsuit against the Trump Administration was brought by the National Association of Diversity Officers in Higher Education, American Association of University Professors, Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore.
Brown, Goldstein & Levy is a nationally-recognized leader when it comes to protecting the rights of individuals with disabilities. If you or a loved one have a disability and encounter discrimination, consider contacting us today to discuss your situation.
ABOUT JAMIE STRAWBRIDGE:
Jamie Strawbridge’s practice includes cases involving civil rights, disability rights, housing discrimination, and commercial litigation. Jamie has represented individuals and companies in cases involving discrimination, harassment, police misconduct, contractual disputes, and products liability claims. His appellate experience includes drafting appeals in federal and state court and briefs in opposition to petitions for certiorari before the Supreme Court. More about Jamie.
ABOUT BROWN GOLDSTEIN & LEVY
Founded in 1982, Brown Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, D.C. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.
