On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that, in part, directs the Government to explore the False Claims Act (“FCA”) as a tool to police DEI programs among recipients of federal funds, including contractors, universities, and healthcare organizations. We analyzed the Executive Order upon its release.
Broadly, the Memo takes the view that any decision to hire, promote, or provide training or support programs in any part because of membership in protected classes illegally discriminates against those outside that protected class. According to AG Bondi, “purportedly benign labels, objectives, or intentions” are immaterial and will not protect a program from DOJ’s scrutiny or excuse unlawful discrimination. More specifically, AG Bondi asserts that labeling a program as promoting goals “such as ‘DEI,’ ‘Equity,’ or other euphemistic terms does not excuse unlawful discrimination” based on protected characteristics. Nor would “facially neutral criteria” like “cultural competence” or “lived experience” if the underlying goal remains to advantage those with certain protected characteristics over others. The Memo asserts that such practices may violate Titles VI, VII, or IX of the Civil Rights Act or the 14th Amendment. The Memo also notes that enforcement action might be based on retaliation against...
Gyanesh Kumar mentioned that many voters had complained of double voting in the past few days, but didn’t give any proof when asked for it.