Today, the Legal Defense Fund (LDF) and the Minority Business Enterprise Legal Defense and Education Fund (MBELDEF) sent a letter to Department of Transportation Secretary Sean Duffy urging him to rescind the agency’s recent “Follow the Law” letter. The agency guidance threatens recipients of federal transportation funding with prosecution over lawful diversity, equity, inclusion, and accessibility programs.
The letter to Secretary Duffy explains that the Department of Transportation’s guidance advances a misleading and inaccurate interpretation of federal law and recent Supreme Court cases. The letter also cites the agency’s past and present history of discrimination, which includes allowing transportation projects to physically isolate Black communities and other people of color from public services, schools, and jobs, and the exclusion of business owners of color and women business owners from government contracting opportunities. By drawing attention to this issue, the group highlights a continued need for the agency and its federal funding recipients to pursue lawful efforts to remedy past harms and ensure equal opportunity.
“The Department of Transportation’s letter to its grant recipients is yet another attempt by the Trump Administration to undermine and misconstrue civil rights laws at the expense of Black communities and others that continue to face barriers to opportunity,” said Demetria McCain, Director of Policy at LDF. “Rather than engaging in discriminatory politics that destroy bridges to resources, the agency should focus on building and supporting a transportation system that enhances the quality of life of all Americans. That is why we urge Secretary Duffy to rescind his misguided letter.”
“We urge Secretary Duffy to rescind his recent letter before it causes any more confusion among recipients of federal financial assistance,” said Sarah von der Lippe, MBELDEF Pro Bono Chief Counsel. “Of course, it is essential that all recipients of federal transportation funding comply with all civil rights laws and every recipient’s agreements already make that clear. The Secretary can help reduce confusion and demonstrate the Administration’s commitment to compliance with civil rights law by strongly supporting the Disadvantaged Business Enterprise program, which is grounded in civil rights law, has been found to be facially constitutional by every federal circuit court that has reviewed it, has a long history of broad bipartisan support, and provides important assistance to minority and women business owners who have confronted enormous discrimination for centuries.”
Read the full letter here.
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights.
