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President Donald Trump’s Justice Department is expected to take a hard stance against diversity, equity, and inclusion (DEI) programs that critics say foster racial discrimination against white and Asian individuals. Legal experts and insiders believe the Civil Rights Division will prioritize cases targeting corporations that use DEI to exclude certain racial groups from employment and advancement opportunities.
Legal expert David Pivtorak, who has litigated against companies like American Express for alleged racial discrimination, explained that the Justice Department has significant tools to address these issues. He outlined how the department could launch investigations, subpoena internal documents, and even issue consent decrees, forcing companies to abandon DEI policies under government oversight.
“Consent decrees can have an extreme coercive effect,” Pivtorak said, adding that corporations might determine the cost and scrutiny of such programs are not worth the hassle.
Trump allies suggest the administration will utilize existing civil rights laws to combat what they describe as “anti-white racism” within DEI initiatives. Stephen Miller, a key policy adviser to Trump, has previously applied similar legal strategies to dismantle racially discriminatory pandemic relief programs, signaling that this approach could expand under Trump’s leadership.
Several high-profile cases have drawn attention to DEI’s racial exclusion. Oracle restricted two career advancement programs to Black, Hispanic, and Native American employees, excluding white and Asian candidates. IBM also limited internships by race and gender, barring white applicants and men unless they identified as women.
Critics argue these practices violate Title VII of the Civil Rights Act, which prohibits race-based discrimination in employment. Missouri Attorney General Andrew Bailey has already taken legal action against IBM, while other companies like Microsoft and NASCAR have faced backlash for similar policies.
Trump’s Justice Department appears poised to challenge DEI practices across various industries, signaling a potential shift in corporate America. Proponents of this effort believe it could deter companies from adopting racially discriminatory policies and restore fairness in the workplace.