Some DEI Programs are Vulnerable, Not Illegal

The Trump administration’s directives on diversity, equity and inclusion have wreaked havoc across the higher education landscape. Confusion persists about whether all DEI activities are forbidden or just ones that are officially illegal. To top it off, there’s much bewilderment about what exactly constitutes an “illegal DEI” activity.

The ambiguity is a feature, not a bug. When people are confused about what’s legal or not, they’ll overcorrect out of fear. As a result, we see colleges and universities scrubbing DEI websites and cutting diversity-related programming. The outcome? A hasty, often over-the-top retreat from efforts that serve students and faculty alike.