Attorney General Todd Rokita leads 17 states in effort to end unconstitutional race, gender rules in INDOT contracts

Attorney General Todd Rokita is leading a 17-state effort in support of the Indiana Department of Transportation’s (INDOT) request for a waiver from the discriminatory and unlawful race and gender-conscious requirements of the U.S. Department of Transportation’s Disadvantaged Business Enterprise (DBE) program. 
 
DBE program regulations require INDOT to consider race and gender when hiring contractors for infrastructure projects.  In many cases, the regulations require INDOT to allocate a portion of federal highway, transit, and airport funds to small businesses owned by individuals who are socially and economically disadvantaged. Federal regulations also force INDOT to employ a presumption that businesses owned by women or members of certain minority groups automatically qualify as disadvantaged, thus placing businesses owned by men or individuals of races that aren’t given special preferences by federal regulations at a competitive disadvantage and undermining fair competition. That presumption impermissibly introduces race and gender classifications into the DBE program. 
 
To ensure it is acting consistent with the Constitution, INDOT has requested that the U.S. Department of Transportation waive the requirement that INDOT use the discriminatory presumption in how it administers the DBE program.   
 
In a letter to the U.S. Department of Transportation, the Indiana-led, multistate coalition argues that the DBE program’s race and gender-based rules are unconstitutional, violate the Equal Protection Clause, and conflict with the Supreme Court’s recent decision in Students for Fair Admissions v. Harvard. The states also argue that granting INDOT waiver would advance President Trump’s historic work eliminating DEI from federal government programs and practices. Indiana and other states have also previously submitted an amicus brief arguing that the racial and gender aspects of the DBE program are unlawful in the case of Mid-Am. Milling Co., LLC v. USDOT , where private contractors have challenged the presumption’s legality. 
 
“Forcing INDOT to prioritize contractors based on race or gender is unconstitutional and undermines fair competition,” said Attorney General Todd Rokita. “Granting the waiver INDOT is requesting, is well within the Department of Transportation’s authority and would be a critical step toward ensuring that Indiana’s transportation projects are awarded based on merit, not arbitrary classifications, and aligns with our constitutional duty to uphold equal protection under the law.” 
 
In a related effort, Attorney General Rokita has worked to ensure state procurement policies are aligned with equal protection principles by requiring state contractors to commit not to discriminate on the basis of race and sex in the name of DEI.  That effort complements Governor Braun’s actions to eliminate discriminatory DEI initiatives. In January 2025, Governor Braun issued an executive order forbidding executive branch state agencies from using state funds, property, or resources to “support diversity, equity, and inclusion positions, departments, activities, procedures, or programs if they grant preferential treatment based upon one person’s particular race.” 

President Donald Trump, Attorney General Rokita, and Governor Braun have taken aim at discriminatory DEI programs in a variety of ways to ensure equal opportunity for all. Attorney General Rokita’s letter to the U.S. Department of Transportation is just another step in accomplishing this shared goal. 
 
Read the letter to the U.S. Department of Transportation here.   

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Attorney General Todd Rokita leads 22-state effort to support Trump administration's elimination of DEI from federal contracting

Attorney General Todd Rokita is leading a 22-state effort in support of the U.S. Department of Labor’s proposed rule to rescind long-standing regulations that require discriminatory affirmative action plans for federal contractors. 

In a recently, letter sent this week, Attorney General Rokita argues that DOL’s current affirmative action requirements are clearly unconstitutional under the Fifth Amendment’s equal protection guarantee and in light of the United States Supreme Court’s decision in Students for Fair Admissions v. Harvard.  

“The federal government has no right to mandate affirmative action plans that prioritize ideology over merit,” said Attorney General Rokita. “These regulations promote unlawful discrimination, undermine true equal opportunity, and needlessly burden employers. Federal contractors should hire based on skill and experience, not political agendas.” 

DOL’s proposed rule advances the objectives of President Trump’s executive order — titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” — in which he ordered the federal government to end discriminatory DEI practices, like affirmative action programs and arbitrary workforce balancing based on race and sex for federal contractors.  

In addition to noting that these DEI practices being harmful to society and bad policy, the comment letter argues that the executive branch did not have the statutory authority under federal law to mandate affirmative action requirements on federal contractors in the first place.  

“The Department of Labor’s move to eliminate these burdensome affirmative action mandates is a step toward fairness,” Attorney General Rokita added. “Thanks to President Trump’s leadership, we’re once again restoring common sense and ensuring federal contractors can focus on merit-based hiring, free from discriminatory practices based on race or sex.” 

This effort builds on Indiana’s leadership. Last month, Attorney General Rokita, in coordination with Governor Mike Braun, announced that all state contracts now must include revised language that makes clear that contractors must not pursue DEI initiatives that treat people differently on the basis of race or sex. 

Read the letter here.

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Slide into September by checking IndianaUnclaimed.gov for unclaimed cash

As summer starts giving way to autumn in Indiana, Attorney General Todd Rokita invites Hoosiers to visit IndianaUnclaimed.gov to discover unclaimed property possibly waiting to “fall” into their hands.  

“There’s no reason for money rightfully belonging to you to sit in a government account,” Attorney General Rokita said. “We want nothing more than to get these funds back into your wallets or bank accounts where they belong.” 

Unclaimed property includes assets such as unclaimed wages or commissions, money orders, safe deposit box contents, forgotten savings and checking accounts, refunds and overpayments on such things as credit card balances and cell phone bills.

During Attorney General Rokita’s tenure, the office’s Unclaimed Property Division has set records for the amount of unclaimed property returned to Hoosiers — including $81 million in 2023, the largest amount ever returned in a single year. 

“Unclaimed Property Director Amy Hendrix and her staff have done incredible work,” Attorney General Rokita said. “When I talk about serving with servants’ hearts, I can point to their devoted efforts as an example of exactly what our office stands for.” 

Already in 2025, the Unclaimed Property Division has returned more than $68 million — with a full third of the year yet to go. 

Be sure to check IndianaUnclaimed.gov or text CLAIM to 46220 to search your name, family, or business. Alternatively, you also may contact the Unclaimed Property Division at 1-866-462-5246 or [email protected].     

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