The U.S. Department of Justice (DOJ) released new guidelines on July 29, detailing its enforcement priorities for entities receiving federal financial assistance or that are otherwise subject to federal antidiscrimination laws, including educational institutions, state and local governments, and public and private employers and how they are to comply with federal anti-discrimination laws, particularly in how they practice diversity, equity, and inclusion (DEI). The DOJ called for these entities to avoid what it deemed illegal DEI practices, saying they discriminate against employees based on protected characteristics, such as race, sex, color, national origin, or religion.
This information establishes new legal risks for federally funded, noncompliant entities, and presents an opportunity for all organizations to evaluate their own inclusion and diversity (I&D) programs to ensure accordance with the law.
Understand the Private-Sector Impact
The guidance “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices” and offers “non-binding” best practices on compliance with federal laws like Title VII of the Civil Rights Act of 1964 and other applicable laws. Examples include offering scholarships exclusive to members of particular racial groups or requiring a certain number of job candidates of a certain gender, race, ethnicity, or other protected characteristic in hiring pools.
Additionally, the...
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