The Department of Justice released Guidance to ensure that recipients of federal funding do not engage in unlawful discrimination.  In particular, it clarifies that federal antidiscrimination laws apply to programs or initiatives that involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (“DEI”) programs.  Entities that receive federal funds, like all other entities subject to federal antidiscrimination laws, must ensure that their programs and activities comply with federal law and do not discriminate on the basis of race, color, national origin, sex, religion, or other protected characteristics—no matter the program’s labels, objectives, or intentions.

“This Department of Justice will not stand by while recipients of federal funds engage in illegal discrimination,” says Attorney General Pamela Bondi. “This guidance will ensure we are serving the American people and not ideological agendas.”

“The federal government must ensure that taxpayer money is used lawfully and for the public good,” says Assistant Attorney General Harmeet K. Dhillon. “The very foundation of our anti-discrimination laws rests on the principle that every American deserves equal opportunity, regardless of race, color, national origin, sex, religion, or other protected characteristics.”

This new Guidance emphasizes the significant legal risks of initiatives that involve discrimination based on protected characteristics and offers non-binding best practices to help entities that receive federal funds avoid the risk of violations and the revocation of federal grant funding.

Read the guidance here.