Navigating Compliance With NIH Grant DEI Policies

Overview


On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that:

  1. They do not, and will not during the term of receiving funds from the NIH, operate any programs that advance or promote diversity, equity, and inclusion (DEI); diversity, equity, inclusion, and accessibility (DEIA); or discriminatory equity ideology (collectively, DEI) in violation of federal anti-discrimination law; and
  2. They do not engage in, and will not during the term of this award engage in, a discriminatory prohibited boycott.

This document is intended to help NIH grant recipients evaluate where any company policies and practices need to be changed prior to providing the above-referenced certification. But keep in mind that legal challenges are working their way through the federal courts of appeals circuits on whether these certification provisions of the executive orders are enforceable or violate the First and Fifth Amendments of the US Constitution.