Trump Administration Provides Some Guidance On DEI Programs

Following up on the Trump Administration's series of executive orders and statements regarding diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, on February 5, 2025, both the Office of Personnel Management (OPM) and the United States Attorney General Office issued memoranda reflecting additional guidance as to what may constitute an "illegal" DEI or DEIA program and directing enforcement action.

Specifically, the OPM memo instructs federal agencies to terminate "all illegal DEIA initiatives" and requires the elimination of DEIA offices, policies, and practices. It explains the administration's view that any DEI program that encourages action based on a protected characteristic is illegal, even if it is not the sole reason for the action. The memo clarifies that it is not targeting agency departments that exist to counsel employees allegedly subject to discrimination or receive and respond to such discrimination complaints (such as the Equal