News & Analysis as of

Discrimination Department of Justice (DOJ) Diversity and Inclusion Standards (D&I)

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Hahn Loeser & Parks LLP

Department of Justice Issues Guidance on Unlawful Conduct in Executive Order 14173

Executive Order Aftermath - In the aftermath of President Trump signing Executive Order 14173 (the “Order”), titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” numerous questions remained regarding...more

Vedder Price

New Guidance for Federally Funded Entities Regarding Discrimination

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On July 29, 2025, Attorney General Pam Bondi, published a memorandum (the “Memo”) to all federal agencies providing guidance on how recipients of federal funds can prevent unlawful discrimination. The Memo offers insight into...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

Baker Donelson

DOJ Attempts to Define Illegal DEI: Warning Recipients of Federal Funds to Take Notice

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In our previous Baker Donelson client alerts, we examined the emerging compliance and enforcement risks stemming from the January 21, 2025 Executive Order 14173 "Ending Illegal Discrimination and Restoring Merit-Based...more

McCarter & English Blog: Government Contracts...

New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

Earlier this year, we addressed a growing sense of confusion and unease among federal contractors relating to shifting diversity, equity, and inclusion (DEI) standards. Specifically, awardees had to take stock of the...more

Kelley Drye & Warren LLP

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled ​“Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that,...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ provides guidance on DEI and unlawful discrimination

Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

Proskauer - Government Contractor Compliance...

DOJ Civil Division’s New Enforcement Priorities Include Targeting DEI

On June 11, 2025, Assistant Attorney General Brett Shumate issued a memorandum entitled Civil Division Enforcement Priorities (the “Memorandum”), outlining five areas of focus for Department of Justice (“DOJ”) Civil Division...more

Wiley Rein LLP

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

Wiley Rein LLP on

WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered...more

WilmerHale

DOJ Civil Division Issues Enforcement Priorities Memorandum

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On June 11, 2025, the recently confirmed Assistant Attorney General for the Civil Division, Brett Shumate, issued a memorandum directing Civil Division lawyers to prioritize investigations and enforcement actions advancing...more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

Vinson & Elkins LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Williams Mullen

Institutions of Higher Education Face Increased Exposure to False Claims Act Violations

Williams Mullen on

On May 19, 2025, the Department of Justice announced the establishment of a Civil Rights Fraud Initiative, created to enforce the False Claims Act (FCA) “against those who defraud the United States by taking its money while...more

Alston & Bird

DOJ Civil Rights Fraud Initiative Targets Allegedly Discriminatory Practices by Educational Institutions

Alston & Bird on

The Department of Justice’s Civil Rights Fraud Initiative treats federally funded colleges’ and universities’ DEI programs and other allegedly discriminatory practices as False Claims Act violations. Our Education Team breaks...more

Foley Hoag LLP

DOJ Formalizes Plan to Use False Claims Act to Enforce “Civil Rights Fraud”

Foley Hoag LLP on

Key Takeaways: - The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” - DOJ warned FCA claims could arise when a...more

Littler

Executive Order Tracker - April 2025

Littler on

Littler's Executive Order Tracker is your go-to resource for staying up to date on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing...more

Perkins Coie

Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

Perkins Coie on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

CDF Labor Law LLP

EEOC Defines Unlawful DEI

CDF Labor Law LLP on

Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work....more

McDermott Will & Schulte

HHS OCR Investigates Medical Schools and Hospitals for Race- or Sex-Based Programs

On March 7, 2025, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it would begin investigating four medical schools and hospitals pursuant to President Donald Trump’s...more

Davis Wright Tremaine LLP

New Administration Outlook: Key Provisions of Trump DEI Orders Blocked

On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more

Keating Muething & Klekamp PLL

Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump

Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more

Arnall Golden Gregory LLP

Federal Government Contractors May No Longer Have 90 Days to Comply With Trump Administration’s DEI Executive Order

GSA FAR Class Deviations - Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on January 21, 2025, caused immediate confusion for federal government contractors since their...more

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

Snell & Wilmer on

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

FordHarrison

Pam Bondi's Memo to DOJ on DEI: What it Means for Private Employers

FordHarrison on

On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives.  The memo is titled “Ending Illegal DEI and...more

Sheppard Mullin Richter & Hampton LLP

Attorney General Pam Bondi’s Ending Illegal DEI and DEIA Discrimination and Preferences Memo

On February 5, 2025, Attorney General Pam Bondi disseminated an internal memo within the Department of Justice (DOJ). The memo, Ending Illegal DEI and DEIA Discrimination and Preferences, explained that the DOJ’s Civil Rights...more

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