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Affirmative Action Title VI

Husch Blackwell LLP

Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act

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The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maryland Federal District Court Blocks Education Department’s Moves Against DEI Programs

On August 14, 2025, the U.S. District Court for the District of Maryland ruled that the U.S. Department of Education violated the Administrative Procedure Act (APA) and the U.S. Constitution when it did not follow proper...more

Woods Rogers

Guidance on “Unlawful DEI” and Federal Funding

Woods Rogers on

Even when well-intentioned, DEI programs are not exempt from federal civil rights laws. That is the core message of Attorney General Pam Bondi’s memo clarifying the Department of Justice’s interpretation of federal...more

Partridge Snow & Hahn LLP

The Bondi Memo: How These Guiding Principles May Influence Your Approach to Scholarship Design and Oversight

By Elizabeth Manchester and Kelley O’Donnell On July 29, 2025, U.S. Attorney General Pam Bondi issued a sweeping memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which...more

Bracewell LLP

Diversity Programs Could Mean Defunding, New Attorney General Memorandum Warns

Bracewell LLP on

Federal law has long required recipients of federal funds to comply with anti-discrimination laws. Over the last decade, initiatives under the label Diversity, Equity and Inclusion (“DEI”) became a widespread vehicle for...more

Wiley Rein LLP

“Illegal DEI”: Key Considerations for Higher Education and the Private Sector in the New Administration

Wiley Rein LLP on

On January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more

Roetzel & Andress

U.S. Department of Education Title VI Certification Requirement

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On April 3, 2025, the U.S. Department of Education (USDOE) sent a letter to state education agencies (SEAs) requiring them to certify compliance with federal civil rights laws, including Title VI of the Civil Rights Act of...more

Lathrop GPM

Tax-Exemption Implications of “Illegal DEI”

Lathrop GPM on

Recent Executive Orders issued by President Trump repeatedly refer to “illegal” diversity, equity and inclusion (DEI) preferences and activities. ...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

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On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Parker Poe Adams & Bernstein LLP

Key Considerations as K-12 Leaders Navigate Minefield Involving DEI, Federal Funding, and Potential Investigations

K-12 school districts across the country now face a tight deadline to navigate a minefield with significant legal and funding implications. ...more

Davis Wright Tremaine LLP

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal...more

ArentFox Schiff

Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

ArentFox Schiff on

On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Bricker Graydon LLP

U.S. Department of Education releases FAQ for February 14th Dear Colleague Letter

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On March 1, 2025, the U.S. Department of Education (the Department) released a Frequently Asked Questions (FAQ) document in connection with the February 14 Dear Colleague Letter (DCL). This document aims to clarify how...more

Littler

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

Littler on

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial...more

Jackson Lewis P.C.

A New Chapter for Educational Institutions: DOE Prohibits Use of Race in All Aspects of Student, Academic, Campus Life

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,...more

Shipman & Goodwin LLP

OCR Issues “Dear Colleague” Letter on Racial Discrimination

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On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving...more

Quarles & Brady LLP

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded...

Quarles & Brady LLP on

On Friday, February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter advising federally funded schools that it considers any decisions or benefits based on race,...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Issues ‘Dear Colleague’ Letter That Reflects an Expansion of Title VI Under Students for Fair...

Overview of the Dear Colleague Letter On February 14, 2025, the Office for Civil Rights (OCR) of the U.S. Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) regarding the nondiscrimination...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Saul Ewing LLP

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

Saul Ewing LLP on

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Venable LLP

This is Not a Drill: Trump Administration 'Dear Colleague' Letter Virtually Eliminates Consideration of Race in Higher Education

Venable LLP on

On February 14, the U.S. Department of Education (ED) issued a new "Dear Colleague" letter to "clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance...more

Husch Blackwell LLP

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

Husch Blackwell LLP on

On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

Bond Schoeneck & King PLLC

OCR Issues Dear Colleague Letter Addressing DEI Programs Under Title VI

On Jan. 21, 2025, President Trump signed an Executive Order (EO), “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Broadly speaking, the EO purported to prohibit what it characterized as unlawful...more

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