Bass, Berry & Sims attorney Denise Barnes provided insight on the Trump administration’s latest executive order restricting programs focused on diversity, equity and inclusion (DEI). The executive order follows the Supreme Court’s decision in 2023 barring higher education from considering race in during the admissions process.
“I think there’s a question really at the core of this: What does it mean to engage in a DEI program or promote a DEI program that violates nondiscrimination laws?” said Denise
It is still unclear how far-reaching Trump’s executive order extends. “This administration may take an aggressive stance on what they view that to be,” Denise said, “but that doesn’t necessarily mean that’s what the Constitution supports.”
Denise also commented about the impact that the executive order may have on federal clinical trials, as they Food and Drug Administration has in the past few years pushed for greater diversity in medical trials. “This order will likely have implications on that previous focus by the FDA,” Denise said.
The full article, “Trump’s Anti-DEI Push Poses New FCA Risks For Healthcare,” was published by Law360 Healthcare Authority on February 11 and is available online (subscription required). Denise co-authored an article for Law360 with Bass, Berry & Sims attorney Scott Gallisdorfer related to this topic, “What Trump Admin’s Anti-DEI Push Means for FCA Claims,” that is available online.