Overview

• The July 29 guidance clarifies that Titles VI, VII and IX apply to any diversity, equity and inclusion initiatives at federally funded entities.
• It enumerates unlawful practices including race- or sex-restricted scholarships, “diverse slate” hiring, proxy criteria such as cultural-competence tests and segregated trainings.
• Entities that do not eliminate prohibited DEI measures face potential revocation of federal grants and False Claims Act liability for certifying compliance.
• The memo offers nonbinding best practices urging open access for all qualified participants, selection based on measurable skills or financial hardship and thorough documentation of criteria.
• It mandates sex-segregated intimate spaces and athletic competitions and warns that admitting males identifying as women into female facilities may violate federal law.