News & Analysis as of

Diversity and Inclusion Standards (D&I) Students for Fair Admissions v Harvard College Trump Administration

ArentFox Schiff

An Unprecedented Semester: Higher Education Faces Challenges From Washington

ArentFox Schiff on

Running a college has never been an easy job. But as this academic year draws to a close, higher education is experiencing new challenges with potential long-lasting impacts....more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

Stevens & Lee on

On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...more

Dinsmore & Shohl LLP

Trump Administration Announces New Enforcement Efforts Targeted at DEI

Dinsmore & Shohl LLP on

This week, the Trump administration escalated its enforcement strategy for ending unlawful Diversity Equity and Inclusion (DEI) initiatives in the private sector Consistent with the policy objectives stated in Executive Order...more

Lowenstein Sandler LLP

The Future of the False Claims Act

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On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Ballard Spahr LLP

DOJ Announces New Initiative Aimed at Entities Receiving Federal Funds; Specifically Targets Higher Ed

Ballard Spahr LLP on

On May 19, the Department of Justice (DOJ) announced via a memo titled “Civil Rights Fraud Initiative” (the Memo) an initiative to use the False Claims Act (FCA) against federal contractors and recipients of federal funds...more

WilmerHale

DOJ Announces Civil Rights Fraud Initiative: Department Will Seek To Use The False Claims Act To Enforce Civil Rights Laws Against...

WilmerHale on

On May 19, 2025, Deputy Attorney General Todd Blanche announced a new Civil Rights Fraud Initiative within the Department of Justice to “utilize the False Claims Act to investigate and, as appropriate, pursue claims against...more

Wiley Rein LLP

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

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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

Mintz

[Podcast] Mintz on Air: Practical Policies - DEI Diplomacy

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In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more

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

The First 100 Days: President Trump’s Federal Policy Revamp and New Compliance Concerns for Employers

On April 29, 2025, President Donald Trump completed his first one hundred days of his second term in office. During this time, the president issued numerous executive orders (EOs) and implemented actions that significantly...more

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

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Parker Poe Adams & Bernstein LLP

Trump Administration Targets DEI in Accreditation Standards

On April 23, President Donald Trump issued an executive order aimed at overhauling the federal system of accreditation for higher education institutions. ...more

Lathrop GPM

Tax-Exemption Implications of “Illegal DEI”

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

Benesch

Trump’s Anti-DEI Agenda Remains at Center Stage

Benesch on

Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...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

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Quarles & Brady LLP

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

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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

Cooley LLP

The Trump Administration’s Condemnation of Diversity, Equity and Inclusion in Higher Education and How Schools Can Prepare

Cooley LLP on

Last week, the US Department of Education (ED) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) outlining the obligations of educational institutions pursuant to Title VI of the Civil Rights Act of 1964 and...more

Venable LLP

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

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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

Jenner & Block

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

Jenner & Block on

On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

Dorsey & Whitney LLP

U.S. Department of Education To Step Up Scrutiny of Any Educational Institution’s Programs Deemed “DEI”

Dorsey & Whitney LLP on

On February 14, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”) issued a “Dear Colleague Letter” to “clarify and reaffirm” that schools, colleges and universities receiving “federal financial...more

McGlinchey Stafford

Trump on Education: DOE Targets DEI, Threatens Federal Funding

McGlinchey Stafford on

On February 14, 2024, the Office for Civil Rights (OCR) within the Department of Education (DOE) issued a “Dear Colleague” letter threatening the federal funding of any academic institution that considers race in any manner...more

Adams & Reese

The Future of DEI Under Trump’s Second Administration

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Every time a new President is elected, we employment lawyers write an article of some version of “What to Expect.” Many of my colleagues have written excellent articles on this topic, and the Trump administration has given us...more

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