This week, we’re focusing on the employer implications of new guidance from U.S. Attorney General Pam Bondi and the U.S. Department of Justice (DOJ) on unlawful diversity, equity, and inclusion (DEI) practices.

New DOJ Memo Warns Employers: Rethink DEI Programs Now

New guidance from Attorney General Bondi urges federal funding recipients to reassess DEI programs to ensure compliance with anti-discrimination laws. This memo highlights actions deemed “unlawful DEI,” including race-based scholarships, preferential hiring, and misapplied “neutral” criteria.

What This Means for Employers:

• Federal consequences: Noncompliance risks include funding revocation or False Claims Act liability.

• Beyond federal funding: Private employers should also review DEI policies for legal risks.

• Focused best practices: Ensure inclusive environments, prioritize skills and qualifications, and eliminate demographic-driven criteria.

Epstein Becker Green’s Lauri Rasnick unpacks these developments in this week’s Employment Law This Week.

• New DOJ Memo Warns Employers: Rethink DEI Programs Now

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“Illegal DEI”: New DOJ Guidance and Its Implications for All Employers
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From Best Practices to Enforcement: Decoding DOJ’s July 29 Anti-Discrimination Guidance
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George B. Breen, Daniel C....

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