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Tuesday, November 25, 2025

Attorney General Pam Bondi Issues DEI Guidance to Recipients of Federal Funds - Law and the Workplace

On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memorandum”), responding to the federal government’s recent practice, as Attorney General Bondi puts it, of “turn[ing] a blind eye toward, or even encourag[ing], various discriminatory practices, seemingly because of their purportedly benign labels, objectives, or intentions.” The Memorandum reflects the Trump Administration’s rejection of such practices, and an effort to ensure that entities receiving federal funds do not employ “programs and activities” that “discriminate on the basis of race, color, national origin, sex, religion, or other protected characteristics—no matter the program’s labels, objectives, or intentions.”

In furtherance of this objective, the Memorandum identifies several “Best Practices.” These Best Practices are described “as non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls; these are not mandatory requirements but rather practical recommendations to minimize the risk of violations.” The Memorandum is targeted at federal government contractors, federal grantees (including, specifically, universities), and state and local governments.

“Unlawful Discriminatory Policies and Practices”

The Memorandum provides a “non-exhaustive list of unlawful practices that could result in revocation of grant funding.” The Memorandum explains that federal...



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