Overview

• The Justice Department’s new guidance clarifies that federal antidiscrimination laws cover any program labeled DEI and bar discrimination based on race, color, national origin, sex, religion or other protected traits.
• The memo instructs recipients to eliminate programs targeting “underserved geographic areas” or “first-generation students” when those criteria are used to increase participation by specific racial or sex-based groups.
• It urges institutions to adopt universally applicable criteria such as academic merit or financial hardship rather than demographic goals for scholarships, internships and other initiatives.
• Attorney General Pam Bondi said the department will enforce the guidance vigorously and revoke federal funding from entities that engage in unlawful discrimination.
• Colleges, universities, nonprofits and government contractors face immediate legal risk under the new rules and are expected to challenge the guidance in court.