New NIH grant rules override the Civil Rights Act of 1964, barring recipients from DEI activities
Title
NIH Imposes Ban on DEI Activities for Grant Recipients, Modifies Civil Rights Award Terms
Keywords
- NIH grant rules
- Diversity, Equity, and Inclusion (DEI)
- Civil Rights Act of 1964
- NIH policy changes 2025
- DEIA ban
- Federal anti-discrimination laws
- Award recipient requirements
- Boycott restrictions
- Executive Order 14190
Key Facts
- On April 21, 2025, the National Institutes of Health (NIH) issued a notice introducing a new Civil Rights term and condition applicable to all NIH grant, cooperative agreement, and other transaction awards. This condition supersedes prior civil rights protections described in NIH policy and applies prospectively to all new, renewal, supplement, or continuation awards issued on or after the notice date2.
- The new policy explicitly bars recipients of NIH funding from participating in or promoting programs related to diversity, equity, inclusion, and accessibility (DEI/DEIA), as well as any "discriminatory equity ideology" as defined by Executive Order 14190 (issued January 29, 2025)23.
- Recipients are also prohibited from boycotting Israeli companies or engaging in a "discriminatory prohibited boycott" against Israel. This covers refusal to deal with or limiting commercial relations with Israeli companies or their affiliates3.
- The NIH notice clarifies that recipients must comply with all applicable Federal anti-discrimination laws material to the government’s payment decisions, and the new condition overrides previous NIH grant policy civil rights sections as well as any negotiated terms in other transaction awards2.
- Noncompliance puts recipients at risk of NIH terminating their awards and recovering all distributed funds3.
- The change is part of a broader federal shift under the Trump administration aimed at eliminating DEI/DEIA programs and related requirements across federal agencies, including the removal of diversity statements from NIH grant applications earlier in 202534.
- There is no clear indication in the notices that these NIH rules "override" the Civil Rights Act of 1964 itself, but they do supersede previous NIH grant policy civil rights protections and place new restrictions on the activities of grant recipients23.
Summary Table
| Policy Change | Description | Effective Date |
|----------------------------------------|--------------------------------------------------------------------------------------------|------------------|
| Ban on DEI/DEIA Programs | Recipients cannot participate in or promote DEI/DEIA programs as a funding condition | April 21, 2025 |
| Boycott Restrictions | Prohibits boycotts of Israeli companies by recipients | April 21, 2025 |
| Supersedes Earlier NIH Civil Rights Terms | New term replaces existing civil rights protections in NIH grant policy | April 21, 2025 |
| Federal Anti-Discrimination Compliance | Recipients must comply with all relevant federal anti-discrimination laws | April 21, 2025 |
This policy may present significant changes for academic institutions and researchers, impacting grant eligibility and program activities related to diversity and inclusion234.
Sources:
2. https://grants.nih.gov/grants/guide/notice-files/NOT-OD-25-090.html
3. https://www.cancertherapyadvisor.com/news/nih-prohibits-dei-programs-boycotting-israel/
4. https://www.motherjones.com/politics/2025/03/nih-ending-diversity-statements-grant-applications/