Warning issued by the U.S. Attorney General: DEI initiatives could potentially violate civil rights legislation
The US Department of Justice (DOJ) has issued a new guidance to all federal agencies on August 1, 2025, directed at recipients of federal funding. This guidance emphasises the strict adherence of diversity, equity, and inclusion (DEI) initiatives to federal anti-discrimination laws, effectively prohibiting the consideration of race, sex, or other protected characteristics in assigning benefits or burdens.
The guidance, issued by US Attorney General Pam Bondi, expands on the legal reasoning of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, which disallowed race-based admissions practices. This new directive applies to a wide range of federally funded programs, including public and private colleges and universities.
The DOJ is deeply skeptical of any DEI practice that considers protected characteristics in decision-making for federal funding recipients. The guidance treats DEI initiatives no differently from other programs under civil rights laws — they must avoid discrimination regardless of intent or label.
Enforcement may include criminal and civil investigations targeting unlawful DEI practices. Recipients of federal funds may be held liable for discriminatory conduct by third parties connected with their programs. This extends the risk of liability, raising compliance scrutiny for all involved parties.
The guidance reflects a broader strategy by the current administration to restrict the scope of allowable DEI efforts in both public and private sectors receiving federal funds. It aims to "deter the use" of DEI programs deemed unlawful and promotes "best practices" for compliance with civil rights laws, in line with President Trump’s 2025 executive order to end what the administration calls “illegal discrimination” and restore merit-based opportunity.
The memo also addresses sex-based distinctions, warning against the use of gender identity to allocate access to single-sex facilities or sporting events. It cautions that such practices may lead to unlawful ones, such as allowing men to compete in women's athletic competitions.
The guidance quotes the Supreme Court's 2023 decision in Students for Fair Admissions v Harvard, reinforcing the ruling's stance against race-based affirmative action in higher education. It urges all recipients, including educational institutions, state and local governments, and public and private employers, to review their programs to ensure they do not cross legal lines.
The memo outlines non-binding best practices for organisations to avoid inadvertent violations, such as ensuring programs are open to all qualified individuals, replacing demographic diversity quotas with merit-based criteria, and eliminating policies that mandate representation of specific racial, sex-based, or other protected groups. It also urges all grant recipients to monitor third-party contractors or partner organisations to ensure they comply with federal law, and to include non-discrimination clauses in contracts.
Training programs that stereotype or exclude individuals based on race or sex are also under scrutiny, with examples given of content that may create a hostile environment in violation of Title VI or VII. The guidance states that DEI initiatives must comply with anti-discrimination laws and will face scrutiny if they involve practices such as preferential treatment, segregation, or the use of demographic proxies.
In summary, the new guidance issued by US Attorney General Pam Bondi directs recipients of federal funding to ensure that their DEI initiatives strictly comply with federal anti-discrimination laws, prohibiting consideration of race, sex, or other protected characteristics in assigning benefits or burdens. This guidance aims to ensure fairness and equal opportunity for all in the receipt of federal funding.
[1] New York Times: DOJ Issues Guidance on DEI Initiatives and Federal Funding [2] Washington Post: US Attorney General Issues Guidance on DEI Practices and Federal Funding [3] CNN: DOJ Guidance Clamps Down on Federally Funded DEI Initiatives
The US Department of Justice's new guidance on education-and-self-development programs, such as colleges and universities, aims to promote general-news and personal-growth by ensuring fairness and equal opportunity for all, as stated in the August 1, 2025, memo issued by US Attorney General Pam Bondi. This policy-and-legislation directive reinforces the disallowance of race-based practices, referring to the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, and extends to a variety of federally funded programs (New York Times, 2025; Washington Post, 2025; CNN, 2025).
