DEI on the Field: Upholding Diversity, Equity, and Inclusion in Football Against Federal Challenges

By: Caitlin McElwee*                                                                           Posted: 4/3/2025

The second term of Donald Trump’s presidency began with a flurry of executive orders, starting on day one.[1]  Included in this initial group of executive orders was “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which effectively ended all programs within the federal government that supported diversity, equity, and inclusion (“DEI”)[2]  This executive order also impacted federal funding for universities and museums.[3]  Although not required by the executive order, many private corporations followed the federal government’s lead by lessening or wholly eliminating internal policies promoting DEI.[4]  However, the National Football League (“NFL”) is one organization that is affirming their commitment to DEI.[5]  The world of sports may not be immune to federal directives, but the NFL claims it will not be “bullied or intimidated” to move away from diversity and inclusion.[6]  However, the following question now stands: since NFL stadiums receive a large amount of funding from taxpayers, will the NFL’s commitment to DEI waiver?[7]

The Beginning of the End of Federal DEI

The executive order signed by Donald Trump in January ended all government programs and federally funded programs that support DEI.[8]  Though there have been attempts to challenge the implementation of this executive order, several thousands of government employees have already resigned, been laid off, or were fired.[9]  However, the effects of this federal directive are not isolated; this executive order has caused a ripple effect, impacting both private companies and federally funded organizations as well.[10]  Global megacompanies, such as Coca-Cola, Pepsi, and Amazon, have adjusted or completely eliminated their DEI initiatives in response to Trump’s executive order.[11]  Universities receiving any amount of federal funding or support have been told to dismantle all race-based programs.[12]  The looming threat of losing federal funding if found non-compliant has weighed heavy on many institutions since the order was signed.[13]

The NFL is one of the largest, private companies that has put DEI at the forefront of their endeavors.[14]  The introduction of the Rooney Rule in 2003 was the first big policy implementation in the league to increase racial diversity throughout the league by requiring teams to interview diverse candidates for vacant coaching and managerial positions.[15]  The Rooney Rule, named after the late-Dan Rooney, former owner of the Pittsburgh Steelers and former chairman of the NFL’s diversity committee, has expanded since its inception to require that at least one member of the offensive coaching staff of all member organizations be an ethnic minority or a woman.[16] Though it is considered the NFL’s most notable hiring policy, it has been hit with its own criticism over the years.[17]  Critics have argued that the Rooney Rule is merely a placation designed to appease minority employees in the NFL and redirect attention from initiatives that could truly address to the lack of diversity in managerial and higher-level coaching positions.[18]

The NFL’s Big Decision

Despite the federal frenzy that has been occurring since January, the NFL has reaffirmed their commitment to maintaining DEI programs and initiatives.[19]  The NFL has promised to keep diversity at the forefront of their endeavors, despite companies like Amazon and Walmart abandoning their DEI initiatives.[20]  The Rooney Rule, along with the Fritz Pollard Alliance, an advocacy organization to promote diversity and equity within NFL job opportunities, have publicly pledged to continue considering and implementing DEI initiatives at every level of the NFL.[21]

Even with the NFL’s pledge to keep DEI in all parts of the league, the league has been questioned if this pledge will stay intact long-term.[22]  Though the NFL is privately funded for the most part, the league has benefited from its share of local, county, and state taxpayer assistance.[23]  Between 1997 and 2015, the NFL received $4.7 billion in tax payer funds through tax-free municipal bonds.[24].  Between 2020 and 2023, $750 million taxpayer dollars have gone towards the construction of five new stadiums.[25]  With the NFL looking to build two new stadiums before 2027, and the cost of construction rising, the number of potential taxpayer dollars contributing to these new stadiums is growing exponentially.[26]  In 2022, New York taxpayers approved an $850 million subsidy for a new Buffalo Bills Stadium.[27]  Similarly, the Tennessee Titans are expecting to receive $1.26 billion in public funding to support the construction of their new Nashville stadium.[28]

Though the municipal bonds were arranged with the local governments in the cities where the stadiums were built, and not the federal government, it is not outside the realm of possibility for state and local laws to begin following the trend of the federal government in dismantling DEI programs.[29]  The irony, however, cannot be lost as these subsidies purely benefit the ultra-rich, which spearhead the construction projects for the new stadiums.[30]  In the event that the NFL’s funding is affected because of its endorsement of and commitment to DEI policies, the league must make a choice if they will continue to emphasize the importance of diversity, or succumb to the harmful policies of erasure.[31]

To combat any potential backsliding, the NFL should update their diversity policies in their regulations, with current language to reflect the political landscape and changes.[32]  NFL Commissioner Roger Goodell, though confident that the NFL’s policies are designed “well within the law,” must be tasked with the responsibility of safeguarding and strengthening the league’s diversity efforts.[33]  Optics are very important when considering how large the NFL’s audience is, both domestically and across the globe.[34] 

The Diversity and Inclusion Charter, agreed upon and implemented by all ten Formula One teams, the Formula One organization, and the FIA in November of 2024, could prove to be a model for the NFL in updating and memorializing its commitment to DEI initiatives across the league.[35]  Introduced by seven-time world champion Lewis Hamilton, the charter commits all Formula One teams and the FIA to four pillars of diversity: (1) attract, (2) retain, (3) create, and (4) engage.[36]  Should the NFL desire to strengthen their global presence, drawing inspiration from a sporting body that has a presence on six continents may be in their best interest.[37]  All thirty-two teams of the NFL, plus the NFL and NFLPA as institutions, must come together to ensure that the league stays committed to diversity.[38]  This can be achieved by drafting a declaration similar to Formula One’s Diversity and Inclusion Charter.[39]  Given how committed to DEI initiatives the NFL claims to be, this should not be difficult to coordinate.[40]

The Next Phase to Come

The NFL, as one of the largest professional sports leagues in the United States, has a lot of responsibility.[41]  Ensuring that the league keeps their DEI policies in place provides security for the players, team and organizational employees, and the public.[42]  As pressure to comply with DEI policy rollbacks mounts from the executive branch and other private corporations that are altering their DEI policies, the NFL must remember how integral those policies are to the league and its continued growth.[43]  Commissioner Goodell, the NFL as an institution, and all thirty-member teams must not allow money, including government subsidies that help fund the construction of the stadiums, to be the downfall of DEI in the NFL.[44]

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2026, Villanova University Charles Widger School of Law.

[1] See 2025 Donald J. Trump Executive Orders, Fed. Reg., https://www.federalregister.gov/presidential-documents/executive-orders/donald-trump/2025 (last visited Mar. 6, 2025) (providing list of all executive orders signed by Trump during his second term as president).

[2] See generally Exec. Order No. 14151, 90 Fed. Reg. 8339 (Jan. 20, 2025) (eliminating all diversity, equity, and inclusion programs throughout federal government).

[3] See Ny’esha M. Young & Johnjerica Hodge, President Trump’s Recent Executive Orders and Their Potential Impact on Social Initiatives, Nat’l L. Rev. (Feb. 18, 2025), https://natlawreview.com/article/president-trumps-recent-executive-orders-and-their-potential-impact-social (highlighting immediate effects of executive order on many publicly funded entities).

[4] See Conor Murray & Molly Bohannon, Warner Bros. Discovery Drops ‘Diversity’ and ‘Equity’ Language from DEI Initiatives: Here Are All the Companies Cutting DEI Programs, Forbes (Feb. 27, 2025, 8:53 AM), https://www.forbes.com/sites/conormurray/2025/02/25/apple-shareholders-reject-ban-on-diversity-initiatives-here-are-all-the-companies-cutting-dei-programs/ (listing all private corporations that are changing their DEI policies and explaining details of changes to existing policies).

[5] See Jasmin Jessen, Super Bowl LIX: Will the NFL Continue DEI Initiatives?, Sustainability Mag. (Feb. 6, 2025), https://sustainabilitymag.com/articles/super-bowl-lix-will-the-nfl-continue-dei (reporting on NFL’s commitment to DEI despite federal challenges).

[6] See William C. Rhoden, Is the NFL Immune from an Attack on DEI?, Andscape (Feb. 4, 2025), https://andscape.com/features/is-the-nfl-immune-from-an-attack-on-dei (reporting that NFL Commissioner will not renege on NFL’s commitment to DEI despite executive branch’s assaults on DEI initiatives).

[7] For further discussion of public funding for NFL stadiums, see infra, notes 23–28 and accompanying text.

[8] See generally Exec. Order No. 14151, 90 Fed. Reg. 8339 (Jan. 20, 2025) (arguing that DEI programs are wasteful and divisive).

[9] See Daniel Wiessner, U.S. Judge Blocks Trump Bid to Ban DEI by Federal Agencies, Contractors, Reuters (Feb. 21, 2025, 9:07 PM), https://www.reuters.com/world/us/us-judge-blocks-trumps-bid-ban-dei-by-federal-agencies-contractors-2025-02-22/ (noting that several suits have been filed and many judges claim that Trump’s definition of DEI is too “vague”); see also Will Peischel, How Many Federal Workers Have Lost Their Jobs?, N.Y. Mag. (Feb. 26, 2025)

https://nymag.com/intelligencer/article/how-many-federal-employees-fired-jobs-cut-trump-doge.html (providing statistics by department to show full impact of federal government’s DEI rollback).

[10] See Wiessner, supra note 9 (reporting on federal departments and agencies).

[11] See Murray & Bohannon, supra note 4 (providing list of companies that previously boasted DEI policies, which are now being repealed).

[12] See Sarah Wood, Dear Colleague Letter: DEI Bans at Colleges and What to Know, U.S. News (Feb. 20, 2025, 3:27 PM), https://www.usnews.com/education/best-colleges/articles/dei-bans-at-colleges-what-students-should-know (explaining prohibitions on considering race as factor in “decisions related to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies and all other aspects of student, academic and campus life”).

[13] See Collin Blinkley, Jocelyn Gecker & Cheyanne Mumphrey, As Trump’s Deadline to Eliminate DEI Nears, Few Schools Openly Rush to Make Changes, AP News (Feb. 27, 2025, 5:31 PM), https://apnews.com/article/trump-dei-schools-dear-colleague-6cca8440afa62689991d373cc4903a4c (noting that some schools are choosing not to comply because doing so would be unprecedented and time-consuming).

[14] For further discussion of the NFL’s commitment to DEI, see infra notes 15–18 and accompanying text.

[15] See Susan M. Shaw, Why the NFL’s Well-Intentioned Rooney Rule Was Never Going to Address Diversity, Forbes (Jan. 29, 2025, 4:30 AM), https://www.forbes.com/sites/susanmshaw/2025/01/29/the-rooney-rule-was-well-intentioned-but-it-was-never-going-to-work (reiterating goal of Rooney Rule, but also outlining its shortcomings).

[16]  See id. (“The goal of the rule is to give minority candidates a legitimate opportunity at upper-level positions, especially in coaching.”).

[17] See Flores v. NFL, 658 F.Supp.3d 198, 203 (S.D.N.Y. 2023) (explaining that Flores’s lawsuit was based on allegations that Rooney Rule has developed into “cruel sham”); see also Filip Timotija, NFL ‘Rooney Rule’ on Minority Coaching Candidates is Racist, Conservative Group Alleges, The Hill (Feb. 7, 2024, 11:46 AM), https://thehill.com/regulation/court-battles/4453483-nfl-rooney-rule-on-minority-coaching-candidates-is-racist-conservative-group-alleges/ (claiming that group, led by former Trump advisor Stephen Miller, is calling for EEOC to investigate NFL).

[18] See Scott Neuman, Why a 20-Year Effort by the NFL Hasn’t Led to More Minorities in Top Coaching Jobs, NPR (Feb. 3, 2022, 1:23 PM), https://www.npr.org/2022/02/03/1075520411/rooney-rule-nfl (considering whether Rooney Rule has fallen short of its intended goals); see also Jack Aylmer, How the NFL is Bucking the Trend of Corporations Abandoning DEI, Straight Arrow News (Feb. 4, 2025), https://san.com/cc/how-the-nfl-is-bucking-the-trend-of-corporations-abandoning-dei/ (suggesting that purpose of Rooney Rule is to expand candidate pool for potential coaches and managers).

[19] For further discussion of the NFL’s commitment to DEI, see supra notes 15–18.

[20] See Murray & Bohannon, supra note 4 (noting that other professional sports leagues like MLB have removed mentions of DEI initiatives on their career websites but have said that their “values on diversity have not changed”).

[21] See Impactful Advocacy, Fritz Pollard All. Found., https://www.fritzpollard.org/about-us/advocacy (last visited Feb. 28, 2025) (highlighting relationship between Fritz Pollard and Rooney Rule).

[22] See Rhoden, supra note 6 (reporting on NFL being questioned about DEI policies).

[23] See Sam Pizzigati, On Super Bowl Sunday, Remember Billions of Taxpayer Dollars Subsidize the NFL, Truthout (Feb. 9, 2025), https://truthout.org/articles/on-super-bowl-sunday-remember-billions-of-taxpayer-dollars-subsidize-the-nfl/ (discussing aggregate benefit that NFL has enjoyed from taxpayer dollars towards new stadiums).

[24] See Chris Isidore, The Short Life of an NFL Stadium, CNN Bus. (Sept. 8, 2014, 12:12 PM), https://money.cnn.com/2014/09/08/news/companies/nfl-stadiums/index.html?iid=EL (noting types of taxpayer dollars that have gone towards new stadiums).

[25] See Justin Klawans, The Economics of Taxpayer-Subsidized Stadiums, The Week (May 23, 2024), https://theweek.com/sports/taxpayer-subsidized-stadiums (dissecting stadium subsidies, as well as city and state grants given to NFL and member teams).

[26] See Kevin Hardy, More Taxpayer Money Benefits Pro Sports Owners Amid ‘Stadium Construction Wave’, Stateline (Feb. 20, 2024, 5:00 AM), https://stateline.org/2024/02/20/more-taxpayer-money-benefits-pro-sports-owners-amid-stadium-construction-wave (reporting on cost to build Buffalo Bills’ and Tennessee Titans’ stadiums).

[27] See Bill Mahoney, New York Taxpayers to Shell Out Record $850M for New Buffalo Bills Stadium, Politico (Mar. 28, 2022, 12:40 PM) https://www.politico.com/news/2022/03/28/buffalo-bills-stadium-new-york-taxpayers-850m-00020872 (reporting that $600 million of funding would come from New York State and $250 million of funding would be from Erie County).

[28] See Hardy, supra note 26 (arguing that it was easier for Titans to get their public funding after Bills received theirs); see also Darren Geeter, Taxpayers Are Paying Billions for the Renovations and Construction of NFL Stadiums. Here’s How, CNBC (Dec. 22, 2022, 8:00 AM), https://www.cnbc.com/2022/12/22/taxpayers-are-paying-billions-for-nfl-stadiums-heres-how.html (explaining process of acquiring municipal bonds for subsidy relief for stadiums).

[29] See Char Adams & Nigel Chiwaya, Map: See Which States Have Introduced or Passed Anti-DEI Bills, NBC News (Mar. 2, 2024, 7:00 AM) https://www.nbcnews.com/data-graphics/anti-dei-bills-states-republican-lawmakers-map-rcna140756 (reporting which states have introduced or passed bills against DEI policies).  It is interesting to note that this map was made before the second Trump presidency began.  See id. (noting that advocates of anti-DEI policies cite DEI as unconstitutional). 

[30] See Hardy, supra note 26 (“Elected leaders continue to shower tax revenues on stadium and arena projects with the aim of recruiting or keeping teams and boosting local economies . . . . [b]ut public debate is growing, as decades of research shows that taxpayers [do not] see a positive return on their investment.”).

[31] For further discussion of how the NFL can make sure these policies stay intact, see infra notes 33–34 and accompanying text.

[32] For further discussion of updating internal policies within the NFL, see infra notes 33–34 and accompanying text.

[33] See Commissioner Roger Goodell Talks DEI Efforts, Officiating, 18-Game Schedule, Justin Tucket Ahead of Super Bowl LIX, NFL (Feb. 3, 2025, 6:56 PM), https://www.nfl.com/news/roger-goodell-talks-dei-efforts-officiating-18-game-schedule-justin-tucker-ahead-of-super-bowl-lix ("Our policies have been designed to be well within the law, well within the practice . . . . [t]here are no quotas in our system . . . . [t]his is about opening that funnel and bringing the best talent into the NFL.”).

[34] See id. (noting league’s diversity efforts have given opportunity for “better talent” to come to league).

[35] See New Diversity and Inclusion Charter Agreed by All 10 F1 Teams, Formula 1, and the FIA, Formula 1 (Nov. 26, 2024) [hereinafter Formula One DEI Charter], https://www.formula1.com/en/latest/article/new-diversity-and-inclusion-charter-agreed-by-all-10-f1-teams-formula-1-and.4ZmzC911lkijGiVELNP4mJ (reporting on new diversity and inclusion charter which was endorsed by all teams and sporting body).

[36] See id. (noting vision of Formula One charter is to give everyone access to enjoy global motorsport competitions).

[37] For further discussion on the Formula One Charter, see supra notes 35–37 and accompanying text.

[38] See Formula One DEI Charter, supra note 35 (recognizing that all ten Formula One teams and their governing body, FIA, came together to sign charter and affirm commitment).

[39] See The NFL is Committed to Diversity, and For Good Reason, Penn Live (Mar. 2, 2025, 8:03 AM) https://www.pennlive.com/opinion/2025/03/the-nfl-is-committed-to-diversity-and-for-good-reason-pennlive-letters.html (recounting Commissioner Goodell’s comments about importance of DEI).  NFL Commissioner Roger Goodell spoke on the importance of DEI throughout the league but having the rest of the league’s support, showcased through endorsements by each individual team, would be even more impactful.  See id. (“By embracing diverse talent and perspectives, the NFL, like any progressive organization, is better equipped to innovate and excel.”).

[40] See id. (“We see how it’s benefited the National Football League . . . . [a]nd so, I think we’ll continue those efforts . . . . I think it’s also clearly a reflection of our fan base and our communities and our players.”).

[41] See The NFL’s Ongoing Commitment to DEI: How it’s Leading the Way in 2025, Diversity.com (Feb. 10, 2025), https://diversity.com/post/nfl-dei-commitment-2025 (“The NFL’s decision to double down on DEI highlights the importance of staying the course, even in the face of challenges . . . . [b]y prioritizing diversity and inclusion, the league is building a stronger, more connected future for its teams, players, and fans.”).

[42] For further discussion of the NFL reassuring their stance on DEI, see supra notes 15–18 and accompanying text.

[43] For further discussion of private companies changing their DEI policies, see supra notes 10–13 and accompanying text.

[44] For further discussion of how the NFL has utilized taxpayer dollars, see supra notes 23–28 and accompanying text.