News & Analysis as of

Race Discrimination Educational Institutions

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

Hogan Lovells

Attorney General Bondi issues memorandum regarding “unlawful discrimination,” with particular focus on higher education...

Hogan Lovells on

On July 29, 2025, Attorney General Pam Bondi issued a Memorandum to all Federal Agencies (“Memorandum”) with “guidance for recipients of federal funding regarding unlawful discrimination.” The guidance says it “clarif[ies]”...more

Foster Swift Collins & Smith

DOJ Issues Memo: Discrimination Risks for Educational and Other Tax-Exempt Institutions

Last week (July 30th), the Department of Justice (DOJ) released long-awaited guidance regarding DEI programs in educational institutions and the application of federal anti-discrimination laws to recipients of federal funds....more

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

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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

Patterson Belknap Webb & Tyler LLP

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

On July 29, 2025, the U.S. Attorney General issued a memorandum that “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled...more

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

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

Fox Rothschild LLP

DOJ Announces New Civil Rights Fraud Initiative Targeting DEI

Fox Rothschild LLP on

Deputy Attorney General Todd Blanche issued a memo on May 19, 2025, announcing the DOJ’s establishment of the Civil Rights Fraud Initiative. The initiative will “utilize the False Claims Act to investigate and, as...more

McGuireWoods LLP

HHS Dear Colleague Letter Outlines Nondiscrimination Requirements for Medical Schools

McGuireWoods LLP on

On May 6, 2025, the U.S. Department of Health and Human Services (HHS) issued a Dear Colleague Letter on Nondiscrimination Requirements for Medical Schools on the Basis of Race, Color, and National Origin pursuant to Students...more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

Poyner Spruill LLP on

In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

Proskauer - California Employment Law

Court Reverses $10 Million Sexual Harassment Verdict Due To Judge’s “Bizarre Comments”

On April 7, 2025, the California Court of Appeal reversed a whopping $10 million verdict in favor of an employee in a sexual harassment case due to the trial judge’s improper evidentiary rulings and inappropriate comments...more

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

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Fisher Phillips

Will My School Face Investigation? Feds Announce Race-Based Investigations Into 52 Higher Education Institutions

Fisher Phillips on

A federal civil rights agency just announced that it will be investigating more than 50 higher ed institutions to determine whether they violated federal law by making race-based decisions in their graduate and scholarship...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

Ballard Spahr LLP on

Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Constangy, Brooks, Smith & Prophete, LLP

EEOC signals crackdown on anti-Jewish bias

And you thought they’d be asleep the next four years. This week, the U.S. Equal Employment Opportunity Commission issued a press release indicating that the EEOC would be cracking down on antisemitism in the workplace, with...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

Dorsey & Whitney LLP

U.S. Department of Education’s Guidance Clarifies Discriminatory Activities Subject to Investigation and Funding Consequences

Dorsey & Whitney LLP on

Following its February 14, 2025, “Dear Colleague Letter,”outlining DEI programs that could result in a loss of federal funding by February 28, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”)...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

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

Shipman & Goodwin LLP on

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

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

Fisher Phillips on

Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Morgan Lewis

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

Morgan Lewis on

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

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

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