News & Analysis as of

Students for Fair Admissions v Harvard College Federal Funding Title IX

Epstein Becker & Green

“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers

What constitutes “illegal DEI” under the Trump administration? Many employers have been wrestling with this question since the President took office and immediately issued several executive orders (EOs) criticizing diversity,...more

Pillsbury Winthrop Shaw Pittman LLP

Attorney General Bondi Issues Guidance to Recipients of Federal Funding “Regarding Unlawful Discrimination”

While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...more

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

Husch Blackwell LLP on

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

ArentFox Schiff

An Unprecedented Semester: Higher Education Faces Challenges From Washington

ArentFox Schiff on

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

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

Ballard Spahr LLP

DOJ Announces New Initiative Aimed at Entities Receiving Federal Funds; Specifically Targets Higher Ed

Ballard Spahr LLP on

On May 19, the Department of Justice (DOJ) announced via a memo titled “Civil Rights Fraud Initiative” (the Memo) an initiative to use the False Claims Act (FCA) against federal contractors and recipients of federal funds...more

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