A Chicago-based nonprofit organization, Chicago Women in Trades (CWIT), filed a lawsuit against President Donald Trump and his administration challenging the executive orders that aimed to limit and restrict federal diversity, equity, and inclusion programs.
The CWIT’s complaint alleges that those executive orders infringe on its constitutional rights to free speech and due process. The group also claims that Trump’s executive orders are in violation of separation of powers.
CWIT, an organization dedicated to promoting women’s employment in skilled trades, believes that as a result of not adhering to such executive orders, the Trump administration is essentially punishing those “for espousing viewpoints with which the administration disagrees.”
The lawsuit’s complaint begins with a strong statement made by CWIT expressing the group’s support for DEI programs. “Diversity is not illegal. Equity is not illegal. Inclusion is not illegal,” the complaint states. “Diversity, equity, and inclusion are aspirational ideals that have for centuries been fundamental to our progress as a nation. Efforts to promote them do not violate federal civil rights laws.”
The lawsuit specifically targets two executive orders that aimed at eliminating DEI programs. The first executive order, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” declared programs promoting diversity, equity, and inclusion “illegal and immoral discrimination.” The second order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” echoed the first order in declaring programs supporting diversity, equity, and inclusion “that can violate the civil-rights laws of this Nation” as “dangerous, demeaning, and immoral.”
The Foundations of the Lawsuit
CWIT alleges that these executive orders violate its right to free speech since they “impermissibly chill the exercise of CWIT’s constitutionally protected speech, based on its content and viewpoint.” The group emphasizes how these orders essentially force the nonprofit to conform with the viewpoint that promoting ideas of diversity, equity, inclusion, and accessibility or environmental justice are “illegal and immoral,” which violates free speech principles.
CWIT also argues that these orders violate due process on the basis that they are vague and do not offer any guidelines as to analyze whether a DEI program constitutes illegal discrimination. The organization believes that by utilizing its vagueness, President Trump can ultimately eliminate all DEI programs which would divest the CWIT of any purpose.
In regard to the separation of powers claim, the lawsuit claims that since the executive orders would allegedly impose “a sweeping funding restriction,” President Trump is exceeding the constitutional limits of his executive authority. Under such a principle, the President and executive branch have no authority to dictate government spending or place conditions on the spending power that is vested in the legislative branch. However, in imposing these executive orders, CWIT claims that the Trump administration is engaging in spending activity that was not authorized by Congress.
“The president and executive branch, absent Congressional authorization, have no authority to dictate government spending or place conditions on the spending power that is vested in the legislative branch,” CWIT said in the lawsuit. “The constitution does not permit the president or his subordinate executive branch officials to unilaterally terminate ‘equity-related’ grants and contracts’ without express statutory authority.”
This lawsuit represents the latest one aimed at abolishing the Anti-DEI orders. A group of teachers brought a similar lawsuit against the Trump administration, arguing the orders suppress free speech and hinder inclusion efforts. The outcomes of these lawsuits will ultimately have widespread implications for DEI programs as well as executive authority. 
Jacob Horowitz is a contributing editor at Compliance Chief 360°