The Department of Justice recently released a memo to recipients of federal funding, warning them that programs involving diversity, equity and inclusion are unlawful discrimination.
The nine-page memo clarifies that federal anti-discrimination laws apply to programs that involve discriminatory practices, including DEI policies. Organizations that receive federal funding are subject to federal anti-discrimination laws and must ensure that their programs do not discriminate against race, gender, religion and more, the memo added.
“This Department of Justice will not stand by while recipients of federal funds engage in illegal discrimination,” said Attorney General Pamela Bondi. “This guidance will ensure we are serving the American people and not ideological agendas.”
Robert Kelchen, a professor in the University of Tennessee, Knoxville’s Department of Educational Leadership and Policy Studies, in an email to Inside Higher Ed, said the enrollment process is already challenging for colleges and universities.
“The only truly safe ways to admit students right now are to admit everyone or only use standardized test scores,” Kelchen wrote. “Being an enrollment management leader has always been tough, but now it’s even more challenging to meet revenue targets and satisfy stakeholders who have politically incompatible goals.”
The new guidance memo emphasizes the major legal risks associated with programs that take part in discrimination.
“The very foundation of our anti-discrimination laws rests on the principle that every American deserves equal opportunity, regardless of race, color, national origin, sex, religion, or other protected characteristics,” said Assistant Attorney General Harmeet K. Dhillon.
To help entities avoid violations and the revocation of federal grant funding, the memo concludes on page 8 with recommendations on best practices:
“Ensure Inclusive Access, Focus on Skills and Qualifications, Prohibit Demographic-Driven Criteria, Document Legitimate Rationales, Scrutinize Neutral Criteria for Proxy Effects, Eliminate Diversity Quotas, Avoid Exclusionary Training Programs, Include Nondiscrimination Clauses in Contracts to Third Parties and Monitor Compliance, Establish Clear Anti-Retaliation Procedures and Create Safe Reporting Mechanisms.”
“Entities are urged to review all programs, policies, and partnerships to ensure compliance with federal law, and discontinue any practices that discriminate on the basis of a protected status,” the memo concludes. “By prioritizing nondiscrimination, entities can mitigate the legal, financial and reputational risks associated with unlawful DEI practices and fulfill their civil rights obligations.”
