News & Analysis as of

Educational Institutions Executive Orders Civil Rights Act

Foster Swift Collins & Smith

DEIA Executive Orders and the Consequences for Educational Institutions

On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunities (“EO 14173”). EO 14173 aims to eliminate Diversity, Equity, and Inclusion (“DEI”) and...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

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

Franczek P.C. on

As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Blank Rome LLP

Department of Justice Announces New Initiative to Combat Civil Rights Fraud Using the False Claims Act

Blank Rome LLP on

From time to time, the Department of Justice (“DOJ”) has established initiatives, task forces, or strike teams to advance its enforcement priorities. In recent years, DOJ has announced a Procurement Collusion Strike Force, a...more

A&O Shearman

DOJ Announces Civil Rights Fraud Initiative Targeting Federal Fund Recipients’ Use Of DEI

A&O Shearman on

On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more

Husch Blackwell LLP

DOJ’s Plan to Use the False Claims Act to Address Civil Rights Fraud

Husch Blackwell LLP on

According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ Initiative Expands FCA Use to Enforce Civil Rights Compliance and Target DEI Initiatives

The U.S. Department of Justice is recasting the False Claims Act as a civil rights enforcement tool—putting federal fund recipients on notice that false compliance certifications may now trigger FCA liability....more

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

DOJ Civil Rights Fraud Initiative Signals Expansive Enforcement Threat for Employers Receiving Federal Funds

On May 19, 2025, the U.S. Department of Justice (DOJ) launched its Civil Rights Fraud Initiative. This is a coordinated enforcement effort aimed at using the False Claims Act (FCA) to investigate and, where appropriate,...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on

Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Franczek P.C.

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

Franczek P.C. on

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title...more

Littler

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

Littler on

On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more

FordHarrison

Crackdown on Antisemitism in Education is Not Just Limited to Students

FordHarrison on

Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more

Franczek P.C.

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

Franczek P.C. on

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

Miller Canfield

Executive Order to Close the Department of Education: What It Means for Your School

Miller Canfield on

On March 20, 2025, President Donald J. Trump signed an Executive Order (“EO”) titled “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to undertake all...more

Franczek P.C.

Week in Review – Major Announcement from the Department of Education, Continued Agency Changes, and More DEI Related Actions

Franczek P.C. on

Headlines this week largely focused on the Department of Education, and rightfully so. As announced on Tuesday, President Trump’s administration terminated over 1,300 Department of Education employees this week – nearly 50%...more

Husch Blackwell LLP

What Medical Schools and Hospitals Should Know About HHS OCR’s Newly Announced DEI-Targeted Investigations

Husch Blackwell LLP on

On March 7, 2025, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) had initiated four investigations into unnamed medical schools and hospitals over allegations that the...more

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

South Carolina House and Senate Introduce Legislation on Diversity, Equity, and Inclusion

State legislators have introduced bills in the South Carolina House of Representatives and South Carolina Senate to amend Title 1, Chapter 1 of the South Carolina Code by adding sections addressing diversity, equity, and...more

CDF Labor Law LLP

Federal Court Temporarily Blocks Enforcement of President Trump’s Anti-Diversity Equity and Inclusion Executive Orders

CDF Labor Law LLP on

On February 21, 2025, the federal district court for the District of Maryland blocked President Donald Trump from enforcing a majority of two January 2025 Executive Orders that seek to eliminate diversity, equity and...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...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

Roetzel & Andress

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

Roetzel & Andress on

The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

Littler

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

Littler on

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ban on Transgender Women From Female Sports Is Challenged in Court

On February 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which aims to prohibit transgender women and girls from participating in female sports across all educational...more

Hogan Lovells

Attorney General instructs DOJ to investigate, eliminate, and penalize illegal DEI programs

Hogan Lovells on

Upon her swearing in on February 5, 2025, Attorney General Pam Bondi issued a series of memoranda to all Department of Justice employees, including a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Mayer Brown

AG Bondi Issues Memorandum Entitled “Ending Illegal DEI and DEIA Discrimination and Preferences”

Mayer Brown on

On February 5, 2025, United States Attorney General Pam Bondi issued a memorandum titled “Ending Illegal DEI and DEIA Discrimination and Preferences.” The memorandum advises that the Department of Justice’s (DOJ) Civil Rights...more

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