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Race Discrimination Students for Fair Admissions v Harvard College Affirmative Action

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

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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

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

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

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

DOJ Moves to Challenge Illinois Nonprofit Board Disclosure Law

The U.S. Department of Justice (DOJ) has been granted judicial leave to intervene in the American Alliance for Equal Rights’ (AAER) suit against the State of Illinois challenging the state’s diversity, equity, and inclusion...more

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

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

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

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

Venable LLP

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

Venable LLP on

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

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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

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

Miller Nash LLP

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

Miller Nash LLP on

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

Woods Rogers

Dear Colleague: Watch Out

Woods Rogers on

In a tersely worded “Dear Colleague” letter dated February 14, 2025 (pdf), the U.S. Department of Education’s Office of Civil Rights (OCR) signaled its intent to combat “pervasive and repugnant race-based preferences and...more

Adams & Reese

The Future of DEI Under Trump’s Second Administration

Adams & Reese on

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

Baker Donelson

Unpacking the U.S. Attorney General's "Ending Illegal DEI and DEIA Discrimination Preferences" Memo

Baker Donelson on

The U.S. Attorney General's Office issued a Memorandum, on February 5, 2025, to the employees of the U.S. Department of Justice (DOJ) directing the DOJ Civil Rights Division to "investigate, eliminate, and penalize illegal...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

Partridge Snow & Hahn LLP

Another Attack on Diversity and Inclusivity Efforts Post Students for Fair Admissions (SFFA) Supreme Court Decision

The American Alliance for Equal Rights (AAER) filed suit against McDonald’s in federal court over the corporation’s scholarship program for high school students of Hispanic and Latino descent, the Hispanic American Commitment...more

CDF Labor Law LLP

New Executive Order Targets Federal DEI Practices

CDF Labor Law LLP on

On January 21, 2025, President Donald Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”). The Order states that over 60 years following the enactment...more

Davis Wright Tremaine LLP

New Administration Outlook: What Employers Need To Know About This Week's DEI Executive Orders

On January 20, the White House released an Executive Order Ending Radical And Wasteful Government DEI Programs And Preferencing. This order rescinded the Biden-era pro-DEI orders, including the mandate for federal agencies to...more

McGlinchey Stafford

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

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