News & Analysis as of

Department of Justice (DOJ) Title VI

A&O Shearman

DOJ Announces Civil Rights Fraud Initiative Targeting Federal Fund Recipients’ Use Of DEI

A&O Shearman on

On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more

Husch Blackwell LLP

DOJ’s Plan to Use the False Claims Act to Address Civil Rights Fraud

Husch Blackwell LLP on

According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...more

Vorys, Sater, Seymour and Pease LLP

Department of Justice Announces False Claims Act Crackdown on DEI Policies

The United States Department of Justice recently announced that it would begin “vigorous enforcement” of the False Claims Act against recipients of federal funds for their use of diversity, equity and inclusion programs. The...more

Fisher Phillips

New Civil Rights Fraud Initiative Puts More Pressure on Higher Ed and K-12 Schools Receiving Federal Funding: What to Do in...

Fisher Phillips on

Federal officials on Monday launched a new Civil Rights Fraud Initiative aimed at schools receiving federal funding, the next step in the Trump administration’s aggressive enforcement posture against transgender rights, DEI,...more

Proskauer - Law and the Workplace

Justice Department Launches Initiative Targeting Contractors’ and Grantees’ DEI Programs, Anti-Semitism, and Transgender Policies

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (the “Memorandum”) establishing the Department of Justice’s “Civil Rights Fraud Initiative” (the “Initiative”). The program “will utilize the False...more

Venable LLP

New Trump Executive Order Dismantles Disparate Impact Liability

Venable LLP on

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

Wiley Rein LLP

“Illegal DEI”: Key Considerations for Higher Education and the Private Sector in the New Administration

Wiley Rein LLP on

On January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...more

Vedder Price

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

Vedder Price on

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more

Orrick, Herrington & Sutcliffe LLP

Executive order targets disparate-impact liability, promotes meritocracy

On April 23, the White House published an executive order titled “Restoring Equality of Opportunity and Meritocracy,” addressing the principle of equal opportunity in the U.S., and emphasizing “meritocracy and a colorblind...more

ArentFox Schiff

Three Environmental Law Takeaways on President Trump Ordering DOJ to Rescind Civil Rights ‘Disparate Impact’ Regulations

ArentFox Schiff on

On April 22, the Trump Administration issued an Executive Order (EO) directing the US Department of Justice (DOJ) to begin to unwind “disparate impact” regulations that were established under federal civil rights laws. In the...more

Jackson Lewis P.C.

Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It

Jackson Lewis P.C. on

President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more

Akin Gump Strauss Hauer & Feld LLP

Reinstating Common Sense School Discipline Policies (Trump EO Tracker)

The Order states that the Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful...more

Stoel Rives - World of Employment

Executive Order Seeks to Repeal Disparate Impact Liability

On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability.  The order, titled “Restoring Equality of Opportunity and Meritocracy”, frames equal treatment under the law as...more

Parker Poe Adams & Bernstein LLP

Key Considerations as K-12 Leaders Navigate Minefield Involving DEI, Federal Funding, and Potential Investigations

K-12 school districts across the country now face a tight deadline to navigate a minefield with significant legal and funding implications. ...more

FordHarrison

Crackdown on Antisemitism in Education is Not Just Limited to Students

FordHarrison on

Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more

Franczek P.C.

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

Franczek P.C. on

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

Fisher Phillips on

Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

TNG Consulting

[Webinar] Your Guide to Getting Certified in Title VI Compliance - April 24th, 2:00 pm - 3:00 pm ET

TNG Consulting on

Join the first in ATIXA’s Guide to Title VI Compliance & Best Practice webinar series to explore our training and certification pathways for Title VI compliance. A strong internal training plan is essential for higher...more

McDermott Will & Emery

HHS OCR Investigates Medical Schools and Hospitals for Race- or Sex-Based Programs

McDermott Will & Emery on

On March 7, 2025, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it would begin investigating four medical schools and hospitals pursuant to President Donald Trump’s...more

Roetzel & Andress

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

Roetzel & Andress on

The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

Paul Hastings LLP

Trump Administration’s New Executive Order Targets Campus Antisemitism: What Higher Education Institutions Need to Know

Paul Hastings LLP on

On January 29, 2025, President Donald J. Trump issued an executive order (EO) titled “Additional Measures to Combat Anti-Semitism,” escalating federal efforts to address antisemitism within institutions of higher education. A...more

Kilpatrick

Federal Government Launched Four Investigations into Discrimination Against Jewish Students at Higher Education Institutions

Kilpatrick on

On January 29, 2025, President Trump signed an executive order combatting antisemitism in the United States. The executive order required the Department of Justice’s (“DOJ”) “immediate action…to protect law and order, quell...more

WilmerHale

President Trump Issues Executive Order on Combatting Antisemitism

WilmerHale on

On January 29, 2025, President Trump issued an executive order titled “Additional Measures to Combat Anti-Semitism.” In a fact sheet issued on January 30, 2025, the White House stated that the Order “takes forceful and...more

McGuireWoods LLP

Presidential Executive Order Targets DEI in Higher Education

McGuireWoods LLP on

The Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) issued on Jan. 22, 2025, takes aim at diversity, equity and inclusion programs at institutions of higher education. (McGuireWoods’...more

ArentFox Schiff

Why the Focus on Environmental Justice Has Shifted to the States

ArentFox Schiff on

Addressing so-called “environmental justice” (EJ) issues was a major focus for the Biden Administration from the time it took office. But, as we prepare for a new administration, the Biden Administration’s primacy in...more

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