On the evening of Wednesday, February 5, 2025, Attorney General Pam Bondi issued a set of memos to various divisions within the Department of Justice (DOJ). One of the memos emphasized the DOJ’s commitment to enforcing President Trump’s directive to dismantle unlawful diversity, equity, and inclusion (DEI) programs, as outlined in Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”).
Titled “Ending Illegal DEI And DEIA Discrimination And Preferences,” the memo directs the DOJ’s Civil Rights Division to investigate, eliminate, and penalize illegal DEI “preferences, mandates, policies, programs, and activities” in both the private sector and educational institutions receiving federal funds. By March 1, 2025, the Civil Rights Division and the Office of Legal Policy are required to present a report with recommendations on how to “encourage the private sector to end illegal discrimination and preferences” related to DEI. The report will also aim to identify the most “egregious and discriminatory DEI and DEIA practitioners in each sector of concern.” A key takeaway from the memo is the potential for criminal penalties for certain private companies engaging in DEI practices.
Additionally, Bondi calls on the DOJ to collaborate with the Department of Education to eliminate DEI initiatives at universities, following the Supreme Court’s 2023 ruling in Students for Fair Admissions, Inc. v. Fellows of Harvard Coll., 600 U.S. 181 (2023).
Importantly, the memo does not seek to ban educational, cultural, or historical observances that “celebrate diversity, recognize historical contributions, and promote awareness without engaging in exclusion or discrimination.” Examples of such observances include Black History Month and International Holocaust Remembrance Day.
Our DC Employment attorneys recommend employers stay informed on the evolving DEI landscape and consult with legal counsel to ensure their practices comply with federal non-discrimination laws.