DOJ Issues Sweeping Guidance On DEI Programs

Last week, Attorney General Bondi released what is arguably the U.S. Department of Justice's (DOJ) most comprehensive guidance on its view of the legality of Diversity, Equity, and Inclusion (DEI) programs. On his very first day in office, President Trump issued an executive order making clear that his administration would prioritize ending "illegal DEI" programs. DOJ later established a Civil Rights Fraud Initiative to investigate and pursue claims under the False Claims Act and similar authorities against federal fund recipients whose DEI policies DOJ deems discriminatory.

AG Bondi's guidance now clarifies the administration's expansive view on what constitutes "illegal DEI." Although the memo focuses on organizations that receive federal funding, the memo's overriding message is clear: Any organization that maintains a broad or arguably improper DEI policy — whether it receives federal funds or not — risks close federal scrutiny.