News & Analysis as of August 6, 2025

Students for Fair Admissions v Harvard College

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

Husch Blackwell LLP on 8/5/2025

On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2025

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

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

Bricker Graydon LLP on 3/10/2025

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

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

Pullman & Comley - School Law on 3/5/2025

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

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

Jackson Lewis P.C. on 3/4/2025

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

OCR Issues “Dear Colleague” Letter on Racial Discrimination

Shipman & Goodwin LLP on 3/3/2025

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

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

Troutman Pepper Locke on 2/25/2025

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

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

Cooley LLP on 2/24/2025

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

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

Venable LLP on 2/21/2025

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

US Department of Education Issues Sweeping Guidance on Race-Conscious Practices By Academic Institutions

Morgan Lewis on 2/21/2025

The US Department of Education’s (the Department’s) Office for Civil Rights issued a sweeping “Dear Colleague” letter on February 14, 2025 outlining a new zero-tolerance policy for the consideration of race in any regard by...more

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

Husch Blackwell LLP on 2/21/2025

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

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

Jenner & Block on 2/20/2025

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

OCR Issues Dear Colleague Letter Addressing DEI Programs Under Title VI

Bond Schoeneck & King PLLC on 2/20/2025

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

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

Roetzel & Andress on 2/20/2025

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

Trump on Education: DOE Targets DEI, Threatens Federal Funding

McGlinchey Stafford on 2/20/2025

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

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

Littler on 2/19/2025

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

Challenges for Education Institutions Continue: New “Dear Colleague Letter” Targets Educational Equity Efforts

Miller Nash LLP on 2/19/2025

On Friday, February 14, 2025, the United States Department of Education (DOE) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) setting out its interpretation of Title VI of the Civil Rights Act of 1964,...more

The U.S. Department of Education Issues Dear Colleague Letter: Clarifies Guidelines for Title VI Compliance

Warner Norcross + Judd on 2/19/2025

On Feb. 14, 2025, the U.S. Department of Education Office for Civil Rights issued a “Dear Colleague” Letter providing compliance guidelines to educational institutions receiving federal funding and subject to Title VI of the...more

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis P.C. on 8/29/2023

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on 8/25/2023

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on 8/21/2023

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

Complying with Students for Fair Admissions: U.S. Departments of Education and Justice Issue Joint Guidance for Institutions

Faegre Drinker Biddle & Reath LLP on 8/17/2023

On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc....more

Client Alert: Biden Administration Releases Anticipated Guidance on College Admissions After Supreme Court’s Decision in Students...

Jenner & Block on 8/16/2023

On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/10/2023

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more

Affirmative Action in Admissions - The Students for Fair Admissions Opinion

Bricker Graydon LLP on 7/14/2023

The U.S. Supreme Court’s decision in Students for Fair Admissions will change the landscape for consideration of race in higher ed. admissions practices... ...more

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