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Monday, August 18, 2025

DOJ Guidance Aims to Clarify "Illegal DEI," Raising the Stakes for Potential Investigations and Enforcement - K&L Gates

Attorney General Pam Bondi issued a memorandum on 29 July 2025 titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (Memorandum)1 that provides new, detailed guidance on a key question that had been left unanswered in the series of directives issued by the Trump administration targeting diversity, equity, and inclusion (DEI) initiatives in the private sector: what does the administration consider to be “illegal DEI”?

The Memorandum aims to clarify application of federal antidiscrimination laws to hiring and employment programs and provides a number of examples which in the Trump Administration’s assessment cross the line and could expose companies to liability. The Memorandum also provides suggested best practices for companies to consider as “practical recommendations to minimize the risk of violations” of federal antidiscrimination laws.

The guidance will have implications for all companies subject to US antidiscrimination laws but is specifically directed to provide guidance for recipients of federal funding (e.g., educational institutions, government contractors, grant recipients), underscoring the heightened risks such entities face on this topic. Since President Trump’s inauguration, the Department of Justice (DOJ) has repeatedly raised the prospect of False Claims Act (FCA) liability for recipients of federal funding that maintain illegal DEI practices, according to the administration. The Memorandum, while providing welcome insight...



Read Full Story: https://news.google.com/rss/articles/CBMi0wFBVV95cUxQZnRjWS1GWWVvbkt1TTRxbGI5...