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Students for Fair Admissions v Harvard College Executive Orders

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

ArentFox Schiff

An Unprecedented Semester: Higher Education Faces Challenges From Washington

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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

Troutman Pepper Locke on

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

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Husch Blackwell LLP

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

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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

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

Morgan Lewis

DOJ Announces Establishment of Civil Rights Fraud Initiative

Morgan Lewis on

The US Department of Justice announced the establishment of the Civil Rights Fraud Initiative on May 19, 2025, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient...more

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

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

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

Pillsbury Winthrop Shaw Pittman LLP

Executive Order on Accreditation and Injunctions of Dear Colleague Letter Impact DEI in Higher Education

A recent executive order attacks DEI accreditation standards as courts block enforcement of the Department of Education’s Dear Colleague Letter on race. On April 23, 2025, President Trump issued Executive Order 14279 (EO)...more

Mintz

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

Mintz on

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

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

ArentFox Schiff

Three Environmental Law Takeaways on President Trump Ordering DOJ to Rescind Civil Rights ‘Disparate Impact’ Regulations

ArentFox Schiff on

On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

Troutman Pepper Locke on

On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Lathrop GPM

Tax-Exemption Implications of “Illegal DEI”

Lathrop GPM on

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

Ballard Spahr LLP

American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on...

Ballard Spahr LLP on

On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the...more

Ballard Spahr LLP

New Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance...

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On March 24, 2025, the U.S. Department of Labor announced the appointment of Catherine Eschbach as Director of the Office of Federal Contract Compliance Programs (OFCCP), the agency charged with overseeing regulation and...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

Venable LLP

DEI and Potential False Claims Act Liability in Higher Education

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Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...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

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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

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

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