Bakersfield College Settles DEI Enforcement Dispute with Professor

2 min readSources: Courthouse News, Volokh Conspiracy

Bakersfield College agreed not to enforce DEI mandates against Professor Daymon Johnson.

Why it matters: This settlement raises significant questions about the enforceability of DEI rules in academia and faculty rights under the First Amendment. It sets a legal benchmark for future challenges to DEI-related employment mandates.

  • Settlement reached July 7, 2026, stopping enforcement of certain DEI requirements against Professor Johnson.
  • College agreed to pay $150,000 in attorneys' fees to Johnson.
  • February 2026 injunction barred discipline based on Johnson’s teaching, scholarship, or private speech.
  • California regs require faculty to follow DEIA and anti-racist principles in teaching and professional work.

On July 7, 2026, Bakersfield College and Professor Daymon Johnson settled a legal dispute over the enforcement of Diversity, Equity, Inclusion, and Accessibility (DEIA) requirements in academic employment. Under the agreement, the college will no longer enforce certain DEIA mandates against Johnson. Additionally, the college agreed to pay $150,000 to cover Johnson's attorneys' fees, according to reports from Reason.com and Courthouse News.

Earlier in February 2026, U.S. District Judge Kirk E. Sherriff issued a preliminary injunction preventing Bakersfield College from disciplining or terminating Professor Johnson on the basis of his classroom instruction, scholarship, or expressions as a private citizen. The ruling emphasized protections under the First Amendment against enforcing an official government ideology in faculty speech. Alan Gura, Vice President for Litigation at the Institute for Free Speech, stated, "The First Amendment forbids California from demanding that community college professors conform their speech to an official government ideology—including so-called 'DEI' and anti-racist ideologies."

California’s regulations mandate community college faculty to "employ teaching, learning, and professional practices that reflect DEIA and anti-racist principles" and demonstrate "proficiency in DEIA-related performance" for employment eligibility. Johnson, a history professor and member of the Renegade Institute for Liberty—which advocates for intellectual diversity and free speech—challenged these requirements legally.

This settlement establishes a noteworthy precedent for faculty members contesting DEI mandates and highlights the tension between institutional diversity initiatives and constitutional protections. It may influence how academic institutions implement or adjust DEIA policies and how faculty rights are protected in the future.

By the numbers:

  • $150,000 — attorneys' fees paid to Professor Johnson
  • February 2026 — preliminary injunction granted to block DEI enforcement
  • July 7, 2026 — settlement date between Bakersfield College and Johnson