Baltimore – Groups representing nonprofit organizations, university professors, and federal contractors and subcontractors throughout the nation are challenging a new Trump executive order that seeks to undermine efforts designed to promote inclusion and help ensure equal opportunity. A lawsuit, filed today by the National Association of Diversity Officers of Higher Education (NADOHE); American Association of University Professors (AAUP); United Academics of Maryland-University of Maryland, College Park (UAM-UMD); National Association of Minority Contractors (NAMC); and the NAMC, District of Columbia, Maryland, Virginia Chapter (NAMC-DMV) in the U.S. District Court for the District of Maryland, seeks to block implementation of the president’s unlawful directive, which would directly harm and disrupt their work. The coalition is represented in the matter by Democracy Forward. NAMC and NAMC-DMV are also represented by the Minority Business Enterprise Legal Defense and Education Fund (MBELDEF).
The March 26, 2026, directive denounces all initiatives related to race or ethnicity, or concern diversity, equity, and inclusion (DEI) activities, and incorrectly implies such efforts uniformly violate both the law and ethics. The order further threatens government contractors and subcontractors with the loss of federal contracts, permanent blacklisting, and civil and criminal prosecution for failing to acquiesce to the administration’s unlawful demands to end lawful efforts. This intimidation chills speech and association, which are protected by the First Amendment.
“The Order is an unlawful attempt by the Administration to erase the realities of race, ethnicity, and a history of discrimination in this country, and to dismantle the architecture of equality,” reads the complaint.
Federal contractors and subcontractors are crucial to the safe, effective, and efficient functioning of the country, and contribute to daily life in nearly every aspect of society, and across nearly every agency of the federal government. They are relied upon to deliver crucial support and services across the nation to benefit people in America.
“The National Association of Diversity Officers is challenging this unconstitutional executive order, which seeks to define lawful diversity, equity, and inclusion efforts as illegal discrimination. This executive order tries to undermine the essential role of such efforts in fostering fair opportunities for all. Expanding access, removing barriers, strengthening institutions, and ensuring that talent and potential are recognized and can thrive across all communities, businesses, and workplaces is not unlawful. The executive order seeks to intimidate and threaten contractors, including the federal government’s longstanding partners at colleges and universities. It aims to deter them from maintaining practices or expressing views that support inclusive activities protected by law and the First Amendment. NADOHE is proud to again serve as the voice of diversity officers and professionals in higher education to block this harmful attack,” said Emelyn A. dela Peña, Ed.D., President and CEO of NADOHE.
“This executive order is a direct attack on academic freedom and the First Amendment—an attempt to coerce silence by threatening faculty, students, and federal partners who confront the realities of race and discrimination. In a democracy, higher education must be free to pursue truth, foster debate, and expand opportunity for all. Instead, this administration is using the power of federal contracts to impose ideological conformity. The AAUP has defeated these attacks before, and we are proud to stand with this coalition to do so again,” said Todd Wolfson, President of the American Association of University Professors.
“UAM-UMD is appalled by the Trump Administration’s latest attempt to force its ideological agenda on our nation’s institutions of higher education. UAM-UMD stands with our researchers who make breakthroughs in fields like climate science and public health, and with our instructors who prepare students to be active citizens in a plural society. We cannot allow this flagrantly illegal attack on academic freedom. It will stifle student learning and imperil research projects that are critical to our local communities, our country, and the world,” said Professor Karin Rosemblatt, PhD, President of UAM-UMD.
“For centuries, minority-owned businesses have faced discrimination,” said Wendell R. Stemley, National President of the National Association of Minority Contractors (NAMC). “This executive order is aimed at undermining the very policies that work to address that discrimination and move the nation toward fairness and inclusion. These policies are not always successful, but we know one thing for sure, we will not have success if we do not even try. And the first step in trying must be to openly discuss race and discrimination free from government censorship.”
“Minority contractors have a proud, multi-generational legacy of proving our enormous value the old-fashioned way, through hard work and fair dealing,” said Jim Simpson, President of the National Association of Minority Contractors – DMV Chapter. “By exercising our right of free association, once denied on the basis of race, we have built strong relationships with contractors large and small, owned by people of all races and backgrounds. Through these partnerships, we have supported our families and our employees, improved our communities and contributed to the national economy. It is demoralizing and painful to see an executive order that undermines that progress and seeks to drive a wedge between us and the larger contractors we have built relationships with.”
“The president’s executive order defies both the law and reality,” said Skye Perryman, President and CEO of Democracy Forward. “Contrary to the assumptions in the executive order, diversity equity, and inclusion efforts promote inclusion, not exclusion. This order is unlawful and would have disastrous consequences for workers doing the public’s business throughout the country, but also for the millions of people who rely on the work and services contractors, subcontractors, their employees, and partners provide. Democracy Forward is honored to work with this amazing coalition and is committed to battling the administration’s attacks on diversity, equity, and inclusion.”
“At its core, the executive order is a gag rule dressed up as a contract clause. It demands minority-owned businesses trade their First Amendment right to speak about race and discrimination for fair access to federal contracts,” said Sarah von der Lippe, Pro Bono Chief Counsel of the Minority Business Enterprise Legal Defense and Education Fund. “The Constitution does not permit that trade. MBELDEF is humbled to support these amazing organizations as they stand up for their rights.”
The case is NADOHE et al v. Trump, and the legal team at Democracy Forward in this case includes Brooke Menschel, Andrea Matthews, Briana Clark, Ross Snyder, Steven Bressler, and Brian Netter. The legal team at MBELDEF includes Sarah von der Lippe.
Read the full complaint here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
