Teachers’ Union Takes Legal Action Against Education Department Over Anti-DEI Policy
The lawsuit contends that the guidance from the Department of Education infringes upon free speech rights.
In the letter, Craig Trainor, acting assistant secretary for civil rights at the department, criticized what he termed “overt and covert racial discrimination” in K–12 schools and universities, noting that defenders of such “discriminatory practices” have sought to legitimize them under the guise of DEI over the preceding four years.
He asserted that they have stealthily introduced “racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.” Trainor cautioned that schools had two weeks to halt any practice that differentiates among individuals based on their race, while promising that the department would “vigorously enforce the law” and take “appropriate measures” to evaluate compliance.
The letter was circulated to the education departments of all 50 states, as confirmed by the Department of Government Efficiency (DOGE).
The American Federation of Teachers is among the largest teachers’ unions in the nation, while the sociological association comprises around 9,000 college students, scholars, and educators.
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The plaintiffs argued that the letter transgresses free speech safeguards outlined in the First Amendment by compelling schools to convey only viewpoints endorsed by the federal government. Additionally, they maintained that the Fifth Amendment is violated since the directive’s ambiguity leaves schools uncertain about which practices might be deemed unacceptable.
According to the complaint, “The overbreadth and vagueness of the law, coupled with the content-based restrictions it enforces on speech and expression, will force plaintiffs’ members to choose between curtailing their constitutionally protected speech and association or risking the loss of federal funding and exposure to prosecution.”
The letter “dramatically alters and rewrites well-established jurisprudence,” the plaintiffs claimed, referencing Trainor’s rationale for the revised nondiscrimination requirements stemming from a Supreme Court ruling that prohibits the consideration of race in college admissions (Students for Fair Admissions v. Harvard).
Department ‘Attempting to Establish New Legal Regime’
In his correspondence to educational institutions, Trainor asserted that this Supreme Court decision holds a broader relevance for all federally funded education. “Essentially, the test is straightforward: If an educational institution treats individuals of one race differently than others based solely on race, it is violating the law,” he articulated in the letter.
The lawsuit states that there is currently no federal law that prohibits teaching about race and related issues, and that the Supreme Court has not outlawed initiatives intended to promote DEI in education.
This legal action coincides with the administration facing several other lawsuits challenging President Donald Trump’s executive orders designed to prohibit DEI policies and programs within federal agencies.
The judge also barred the Trump administration from terminating or modifying DEI-related federal contracts and grants.
The Epoch Times has reached out to the Department of Education for their input on the matter.
Bill Pan and The Associated Press contributed to this report.