News & Analysis as of

Diversity and Inclusion Standards (D&I) Title VI

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

Vinson & Elkins LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Williams Mullen

Institutions of Higher Education Face Increased Exposure to False Claims Act Violations

Williams Mullen on

On May 19, 2025, the Department of Justice announced the establishment of a Civil Rights Fraud Initiative, created to enforce the False Claims Act (FCA) “against those who defraud the United States by taking its money while...more

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

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

Wiley Rein LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

Executive Order on Accreditation and Injunctions of Dear Colleague Letter Impact DEI in Higher Education

A recent executive order attacks DEI accreditation standards as courts block enforcement of the Department of Education’s Dear Colleague Letter on race. On April 23, 2025, President Trump issued Executive Order 14279 (EO)...more

Parker Poe Adams & Bernstein LLP

What K-12 Leaders Need to Know About the Trump Administration's New Executive Order on School Discipline

The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new...more

McGuireWoods LLP

Executive Order Seeks Reform of Higher Education Accreditors’ Processes

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On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...more

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal Education Funds

Cozen O'Connor on

A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more

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

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Saul Ewing LLP

Harvard University Sues Trump Administration Over Federal Funding Freeze

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Harvard University has filed a lawsuit challenging the Trump Administration’s decision to freeze more than $2 billion in federal grants and contracts benefitting Harvard. The funding freeze came after Harvard refused a list...more

Parker Poe Adams & Bernstein LLP

Trump Administration Targets DEI in Accreditation Standards

On April 23, President Donald Trump issued an executive order aimed at overhauling the federal system of accreditation for higher education institutions. ...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more

Miller Canfield

One-Two Punch Delivered to Department of Education on DEI

Miller Canfield on

On April 24, 2025, the U.S. District Courts for the District of New Hampshire and the District of Maryland issued separate orders blocking enforcement of all, or large portions of, the Dear Colleague Letter (“DCL”) issued by...more

FordHarrison

Federal Courts Temporarily Block Enforcement of U.S. Department of Education "Dear Colleague Letter" Barring "Illegal DEI" in...

FordHarrison on

On April 24, 2025, Judges Landya McCafferty and Stephanie Gallagher, sitting in the United States District Courts in New Hampshire and Maryland, respectively, issued rulings blocking the U.S. Department of Education (DOE)...more

Roetzel & Andress

U.S. Department of Education Title VI Certification Requirement

Roetzel & Andress on

On April 3, 2025, the U.S. Department of Education (USDOE) sent a letter to state education agencies (SEAs) requiring them to certify compliance with federal civil rights laws, including Title VI of the Civil Rights Act of...more

Lathrop GPM

Tax-Exemption Implications of “Illegal DEI”

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Recent Executive Orders issued by President Trump repeatedly refer to “illegal” diversity, equity and inclusion (DEI) preferences and activities. ...more

Fox Rothschild LLP

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

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The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Davis Wright Tremaine LLP

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal...more

Fox Rothschild LLP

Federal Oversight of Schools Is Changing, But Not Gone

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The long-rumored plan to dismantle the U.S. Department of Education (DOE) took a formal step forward on March 20, 2025, when President Trump signed an Executive Order calling for the agency’s closure. While headlines suggest...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

Polsinelli

DEI-Related Executive Orders Move Forward After Fourth Circuit Grants Stay of Preliminary Injunction; Federal Agency Actions

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On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the U.S. District Court’s preliminary injunction, which will allow the Trump administration to continue enforcing the Executive Orders (EOs) related to...more

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