Trump Administration Holds Nonprofits' Feet to the Fire Over Diversity, Equity, and Inclusion Practices
All nonprofits that receive federal support could soon be required to certify that they adhere to the anti-DEI executive order President Trump signed during his first week in office. The General Services Administration, the federal agency that oversees how grants are distributed, announced the change in January, but it won’t take effect right away.
“The proposed changes are vague and complex, making it nearly impossible for nonprofits to know whether they are in compliance,” the National Council of Nonprofits said in a statement. “Moreover, it exposes nonprofits to potential legal harassment by the administration, which has previously accused nonprofits of wrongdoing without evidence.”
Under the proposed changes, federal grantees would have to certify that they don’t adhere to diversity statements, provide race-based scholarships or training sessions, or make programs eligible to people of a specific race.
The certification also would forbid proxies for race, such as a person’s experience, “cultural competence,” or narratives about “overcoming obstacles,” at a time when many foundations are substituting those characteristics for references to race in their grant applications and program descriptions.
The move by the GSA comes after a court rejected the Trump administration’s efforts to require nonprofits to certify they don’t participate in DEI efforts.
The proposed change brings the issue into the regulatory sphere. Nonprofits and other organizations can comment on the impact of the proposed changes through the end of the month. The National Council of Nonprofits has provided information on how to do so.
If the changes aren’t blocked, the council said, “nonprofits wrongfully accused would have to spend significant staff time and resources defending themselves in audits, investigations, and court.”