News & Analysis as of

Diversity and Inclusion Standards (D&I) Educational Institutions Equal Protection

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

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Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Dorsey & Whitney LLP

U.S. Department of Education’s Guidance Clarifies Discriminatory Activities Subject to Investigation and Funding Consequences

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Following its February 14, 2025, “Dear Colleague Letter,”outlining DEI programs that could result in a loss of federal funding by February 28, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”)...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Shipman & Goodwin LLP

OCR Issues “Dear Colleague” Letter on Racial Discrimination

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On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Saul Ewing LLP

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

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INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more

Littler

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

Littler on

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Miller Nash LLP

Challenges for Education Institutions Continue: New “Dear Colleague Letter” Targets Educational Equity Efforts

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On Friday, February 14, 2025, the United States Department of Education (DOE) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) setting out its interpretation of Title VI of the Civil Rights Act of 1964,...more

Warner Norcross + Judd

The U.S. Department of Education Issues Dear Colleague Letter: Clarifies Guidelines for Title VI Compliance

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On Feb. 14, 2025, the U.S. Department of Education Office for Civil Rights issued a “Dear Colleague” Letter providing compliance guidelines to educational institutions receiving federal funding and subject to Title VI of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Texas Law Prohibiting Institutions of Higher Education From Establishing or Maintaining DEI Offices Is Now Effective

Effective January 1, 2024, a new Texas law prohibits public institutions of higher education from, among other things, establishing or maintaining diversity, equity, and inclusion (DEI) offices or hiring or assigning...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Akerman LLP

Navigating the Affirmative Action Prohibition

Akerman LLP on

The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more

Epstein Becker & Green

#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This...

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This week, we’re focused on how the U.S. Supreme Court’s Students for Fair Admissions (SFFA) ruling could impact workplace diversity efforts: Diversity, equity, and inclusion (DEI) investment has been a strong strategy for...more

WilmerHale

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

Mitratech Holdings, Inc

Supreme Court Strikes Down Affirmative Action in College Admissions

On Thurs. June 29, 2023, the Supreme Court ruled that race-conscious admissions policies are unconstitutional and invoked the Equal Protection Clause of the 14th Amendment, stating that Harvard’s and UNC’s admissions programs...more

Jenner & Block

Client Alert: Biden Administration Releases Anticipated Guidance on College Admissions After Supreme Court’s Decision in Students...

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On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more

Kelley Drye & Warren LLP

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy....more

FordHarrison

Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives

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Executive Summary: On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v....more

Adler Pollock & Sheehan P.C.

A Rejection Letter from the Supreme Court on Race-Based Admissions Programs: Will Companies’ DEI Programs Suffer a Similar Fate?

On June 29, 2023, the United States Supreme Court issued a decision that will potentially shape the college admissions process for generations of students.  In Students for Fair Admissions, Inc. v. President & Fellows of...more

DCI Consulting

Harvard and UNC [6 Things You Need to Consider for Your DEIA Program]

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DCI Consulting Group (DCI) is monitoring reactions, answering questions, and releasing content related to the June 2023 Supreme Court ruling on with affirmative action in higher education. The Court's majority opinion was...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

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On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Parker Poe Adams & Bernstein LLP

Now What? Practical Tips for Colleges After U.S. Supreme Court's Affirmative Action Ruling

College and university admissions will now be more subjective, complex, and — as a result — expensive for many schools. Those are a few takeaways from the U.S. Supreme Court’s ruling on June 29 effectively ending affirmative...more

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