President Donald Trump’s January 21, 2025, Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” orders “all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector [diversity, equity, and inclusion] preferences, mandates, policies, programs, and activities.” Does this executive order forbid testing bodies from including items about diversity, equity, inclusion, accessibility, justice, etc. in their examinations?

Note the following excerpt from this Executive Order:

Sec. 7. Scope.

…
(b) This order does not prevent State or local governments, Federal contractors, or Federally-funded State and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.
(c) This order does not prohibit persons teaching at a Federally funded institution of higher education as part of a larger course of academic instruction from advocating for, endorsing, or promoting the unlawful employment or contracting practices prohibited by this order.

Significantly, this excerpt protects the First Amendment right of higher education institutions and their instructors to “[advocate] for, [endorse], or [promote] the unlawful employment or contracting practices prohibited by this order.” Because of this explicit protection of teaching that is supportive of diversity, equity, inclusion, and accessibility, my legal opinion is that—by logical extension—licensing and certifying entities are permitted to include items in their examinations that test knowledge about diversity, equity, inclusion, accessibility, etc.

Questions about this post may be directed to me at DBalasa@aama-ntl.org.

President Donald Trump’s January 21, 2025, Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” orders “all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector [diversity, equity, and inclusion] preferences, mandates, policies, programs, and activities.” Does this executive order forbid testing bodies from including items about diversity, equity, inclusion, accessibility, justice, etc. in their examinations?

Note the following excerpt from this Executive Order:

Sec. 7. Scope.

…
(b) This order does not prevent State or local governments, Federal contractors, or Federally-funded State and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.
(c) This order does not prohibit persons teaching at a Federally funded institution of higher education as part of a larger course of academic instruction from advocating for, endorsing, or promoting the unlawful employment or contracting practices prohibited by this order.

Significantly, this excerpt protects the First Amendment right of higher education institutions and their instructors to “[advocate] for, [endorse], or [promote] the unlawful employment or contracting practices prohibited by this order.” Because of this explicit protection of teaching that is supportive of diversity, equity, inclusion, and accessibility, my legal opinion is that—by logical extension—licensing and certifying entities are permitted to include items in their examinations that test knowledge about diversity, equity, inclusion, accessibility, etc.

Questions about this post may be directed to me at DBalasa@aama-ntl.org.

President Donald Trump’s January 21, 2025, Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” orders “all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector [diversity, equity, and inclusion] preferences, mandates, policies, programs, and activities.” Does this executive order forbid testing bodies from including items about diversity, equity, inclusion, accessibility, justice, etc. in their examinations?

Note the following excerpt from this Executive Order:

Sec. 7. Scope.

…
(b) This order does not prevent State or local governments, Federal contractors, or Federally-funded State and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.
(c) This order does not prohibit persons teaching at a Federally funded institution of higher education as part of a larger course of academic instruction from advocating for, endorsing, or promoting the unlawful employment or contracting practices prohibited by this order.

Significantly, this excerpt protects the First Amendment right of higher education institutions and their instructors to “[advocate] for, [endorse], or [promote] the unlawful employment or contracting practices prohibited by this order.” Because of this explicit protection of teaching that is supportive of diversity, equity, inclusion, and accessibility, my legal opinion is that—by logical extension—licensing and certifying entities are permitted to include items in their examinations that test knowledge about diversity, equity, inclusion, accessibility, etc.

Questions about this post may be directed to me at DBalasa@aama-ntl.org.