What happened?

On February 5, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled “Ending Illegal DEI (Diversity, Equity, and Inclusion) and DEIA (Diversity, Equity, Inclusion, and Accessibility) Discrimination and Preferences.”

Overview:

The memorandum outlines the Department of Justice’s (DOJ) plan to investigate and penalize illegal DEI and DEIA programs based on race or gender.

• This action follows an Executive Order issued by President Donald Trump on January 21, 2025, directing the Attorney General to address illegal discrimination and preferences.

• The DOJ’s Civil Rights Division and the Office of Legal Policy are tasked with submitting a report by March 1, 2025, with recommendations for enforcement actions.

• This memo signals increased scrutiny and potential legal action against certain DEI and DEIA practices in the private sector and educational institutions receiving federal funds.

Key Points of the MOU:

• Enforcement: The DOJ will investigate, prosecute, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities.

• Permissible Activities: Educational, cultural, or historical observances like Black History Month and International Holocaust Remembrance Day are allowed, provided they promote awareness without engaging in exclusion or discrimination.

• Uncertainty: The memo raises questions about what is permissible and how prosecutions will be managed. The courts will ultimately determine the legality of DEI and DEIA programs as cases are prosecuted.

Additional Details

• Both the Executive Order and Attorney General Bondi’s memorandum recognize that certain diversity efforts do not violate federal anti-discrimination law.

• The memorandum raises the possibility of criminal enforcement, and employers should ensure that any certifications or representations to federal authorities regarding DEI policies and programs are accurate.

• Employers should review and adjust their diversity programs and hiring practices to remain compliant with these directives, while staying adaptable to new policies that may emerge.

Source References

• DOJ MOU

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