As I predicted, the Trump Department of Education is interpreting Title VI (education) and Title VII (employment) to ban any kind of special treatment for minority students or job applicants at US colleges or universities that accept federal funds. The Department now explicitly prohibits scholarships and clubs limited to racial or ethnic groups.
Colleges have 14 days to comply. Expect litigation challenges by colleges to the deadline — that would cut aid to existing students’ mid-semester as well as the employment aspect of the directive.
As I discussed recently, Title VII does not yet prohibit all DEI or affirmative action in the way this new order requires. Can the Secretary of Education cut funds to colleges that interpret Title VII differently from the Trump Administration? That is an open legal question.
Will colleges risk losing federal funds by failing to comply? That is a separate question.
US colleges have been advocates for diversity within the broader culture, and the Trump Administration is using as powerful and blunt a tool as it must stop that advocacy. This is arguably a violation of the First Amendment rights of university presidents and professors.
But ultimately, I predict the Supreme Court to accept some version of anti-DEI and anti-affirmative action as the state of the law.
Justice Thomas has been the clearest voice on the Court for “race neutral” to be the law of the land, and for the end of monitoring racial differences, let alone using them to help minority groups. Today’s order is the clearest and strongest move in that direction since Congress banned race discrimination in employment in 1964.
The cultural shift about to occur will be enormous. Many colleges continue to require job applicants to discuss ways in which they have contributed to diversity. All have clubs, buildings, programming, and numerous employees devoted to improving the experience on campus for minority students and employees.
Those are all now illegal – unless a court enjoins — that is suspends– operation of this directive.
The massive cultural impact of this change was foreseeable to those paying attention, but will no doubt catch most colleges and certainly their students completely unprepared.
Here is a link to Acting Assistant Secretary for Civil Rights, US DOE, Craig Trainor’s memo dated February 14, 2025, where he clarifies and reaffirms the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the United States Department of Education (Department).
David Nacht is a Harvard‑ and University of Michigan‑educated trial lawyer and the founder and principal of his firm, known for representing individuals at every stage of their careers—from students and employees to executives—when their reputation, rights, and livelihood are on the line. Licensed in Michigan, Ohio, and Massachusetts, he is among the rare attorneys who regularly practices both civil and criminal law in federal and state courts, using insights from each arena to gain strategic advantages for his clients. Nacht has achieved landmark victories in employment law, university and Title IX proceedings, civil rights litigation, criminal defense, and high‑stakes business disputes, including precedent‑setting appellate wins and multimillion‑dollar settlements and negotiations. Widely recognized as a leader in defending the accused and advocating for due process, he combines meticulous preparation, forward‑thinking strategy, and a client‑first philosophy focused on dignity, clarity, and results.