News & Analysis as of

Trump Administration Students for Fair Admissions v Harvard College Civil Rights Act

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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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

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...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

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

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

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

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

Quarles & Brady LLP

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded...

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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

Cooley LLP

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

Cooley LLP on

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

Venable LLP

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

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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

Jenner & Block

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

Jenner & Block on

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

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”

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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

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

Dorsey & Whitney LLP

What Companies and Higher Education Institutions Need to Know Regarding DOJ’s New Memoranda to Enforce the Administration’s...

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On February 5, 2025, U.S. Attorney General Pam Bondi issued a series of fourteen policy memoranda directed to all employees of the U.S. Department of Justice (“DOJ”). Two are particularly likely to impact companies and higher...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

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

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In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...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

DCI Consulting

President Trump Revokes Executive Order 11246

DCI Consulting on

Last night, President Trump revoked Executive Order 11246 with a new Order titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This new Order effectively ends affirmative action in employment while...more

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