Attorney General Ford Joins Coalition Backing Challenge to Executive Orders Unlawfully Targeting Diversity, Equity, Inclusion and Accessibility

Carson City, NV — Today, Attorney General Aaron D. Ford, as part of a coalition of 18 attorneys general, filed an amicus brief supporting a legal challenge to two of President Trump’s executive orders targeting diversity, equity, inclusion and accessibility initiatives.
 
AG Ford and the coalition filed their brief in National Association of Diversity Officers in Higher Education v. Trump before the United States Court of Appeals for the 4th Circuit. The plaintiffs in the case — higher education associations and the city of Baltimore — challenged vague provisions in the executive orders that direct federal agencies to terminate “equity-related grants or contracts” and to include in contracts or grant awards a requirement that recipients certify that they do not operate programs promoting “diversity, equity and inclusion.” One of the orders also directed the U.S. Attorney General to encourage the private sector to end diversity, equity and inclusion initiatives. The administration has not defined critical terms in the executive orders, including which diversity, equity and inclusion practices it finds objectionable.

“The programs President Trump targets in this case are valuable and entirely lawful,” said AG Ford. “People who feel valued and respected are more engaged and more likely to contribute their best to their workplace and their colleagues. Initiatives supporting diversity, equity, inclusion and accessibility create a sense of belonging and enhance the sharing of ideas, allowing everyone to reach their full potential. I am proud to stand against efforts to dismantle these programs."

A lower court concluded that plaintiffs were likely to succeed with their case and entered a preliminary injunction blocking the administration from enforcing the provisions of the orders being challenged by the lawsuit. The administration sought and was granted a stay of the injunction from the 4th Circuit pending a decision on the merits of the appeal. AG Ford and the attorneys general are asking the court to affirm the district court’s order and put the injunction back in place.

In their brief, the attorneys general maintain that diversity, equity, inclusion and accessibility programs are lawful and beneficial. In fact, many such programs ensure compliance with state and federal civil rights statutes. The attorneys general also explain how the challenged provisions in the executive orders harm the states, as well as their residents and businesses, by denying them the many valuable benefits associated with workplaces, schools and communities that have adopted practices related to diversity, equity, inclusion and accessibility.

In filing the amicus brief, AG Ford joins the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.

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