Westlaw Today
U.S. DOJ Issues Guidance on ‘Unlawful Discrimination’ Related to DEI Programs for Recipients of Federal Funding
September 3, 2025
On July 30, 2025, the U.S. Department of Justice (DOJ) issued guidance addressing the application of federal antidiscrimination laws to recipients of federal funds and other covered entities. The non-binding guidance cautions that programs labeled as diversity, equity, and inclusion (DEI) initiatives may still be subject to scrutiny if they involve criteria that operate as “unlawful proxies” for protected characteristics. Examples identified by DOJ include characteristic-based scholarships, preferential hiring or promotion, affinity groups, and race-based training sessions. The guidance also underscores that entities may be held responsible for the practices of contractors or grantees, and it outlines “best practices” to mitigate risk, such as using job-related criteria, ensuring broad access, and documenting legitimate decision-making rationales.
連絡先
得意分野
Suggested News & Insights
DOJ’s National Fraud Enforcement Division Issues First Corporate Enforcement PrioritiesOctober 2, 2026Court Holds Insurer Must Cover FCA Settlement Despite “Fraudulent Acts” ExclusionOctober 2, 2026Sidley Named a Finalist for “Most Impressive Global Investigations Practice of the Year” at the 2026 GIR AwardsOctober 2, 2026DOJ Continues to Prioritize Medicare Advantage Enforcement with $22.5 Million SettlementOctober 1, 2026Notable Cases and Events in eDiscoveryOctober 1, 2026The Race to Report: DOJ’s Antitrust Division Highlights Leniency, Whistleblowers, and Trial ReadinessSeptember 30, 2026
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory


