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Tuesday, August 19, 2025

How the Law Protects Whistleblowers - The Federalist Society

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].

The American Civil Rights Project has produced a guide to whistleblower rights that you should know about. You can find it here.

We’re all aware that in recent years, too many public and private institutions have explored the trendy but potentially illegal territory of race and sex discrimination in the name of diversity, equity, and inclusion (DEI). They include policies like hiring quotas dressed up as diversity goals, trainings that shame employees for their skin color, and HR policies that sort people by group identity instead of individual merit. These actions aren’t just bad ideas; they’re almost always violations of federal and state civil rights laws (not to mention, in many cases, the policies of the very workplaces where they occur).

Recently, there has been a popular movement against DEI policies, but the DEI advocates who populate corporate and academic DEI offices have not backed down. Instead, they give the same old race and sex discrimination a new name. In other cases, like that of the editors of the Harvard Law Review, they continue seemingly unlawful policies while attempting to conceal them from external scrutiny.

Regardless of the strategy, the only way law and justice can thwart DEI...



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