Compliance Stuff

On July 29, 2025, the U.S. Department of Justice (DOJ), through the Attorney General (AG), issued  new guidance  directed to all federal agencies, and applicable to federal fund recipients, that diversity, equity, and inclusion (DEI) programs must fully comply with federal civil rights laws, including Title VI, Title VII, Title IX (limited to educational institutions) and the Equal Protection Clause (limited to governments and their agencies) . The AG emphasized that practices involving preferential treatment based on protected characteristics (such as race, sex, or national origin) are unlawful unless narrowly tailored to meet specific legal standards, which are rarely satisfied outside of court-ordered remedies. The guidance warns against using protected traits directly or indirectly in hiring, promotion, scholarships, or training programs; segregating individuals by race or sex for access to opportunities, resources, and training; and implementing “diverse slate” requiremen...

Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the Department of Justice (DOJ) signals that now is a good time to ensure your programs align with legal standards. The July 29 guidance reminds all federal agencies and recipients of federal funding that programs should not discriminate based on race, color, national origin, sex, religion, or other protected characteristics “no matter the program’s labels, objectives, or intentions.” The DOJ also suggested best practices for creating compliant programs. While these practices are not required, all organizations and HR departments can use the guidance as a roadmap . This is the latest in a string of directives from the Trump administration clarifying how the administration interprets existing federal civil rights laws to apply to diversity, equity, and inclusion progra...

President Donald Trump’s executive orders (EOs) addressing diversity, equity, and inclusion (DEI) programs among federal contractors and private-sector employers do not supersede well-established workplace anti-discrimination law. However, experts have said that organizations should review their inclusion and diversity (I&D) practices and policies to withstand new federal scrutiny.    SHRM CHRO Jim Link, SHRM-SCP, was joined by Tara Singh Param, a partner at Holland & Knight in Philadelphia, and Patricia Timmons-Goodson, the dean and chief academic officer of North Carolina Central University School of Law in Durham, N.C., during a  Feb. 26 SHRM webinar  to help employers navigate compliance with Title VII of the Civil Rights Act of 1964 amid changing federal directives on I&D.   “The executive orders have introduced  substantial shifts to inclusion and diversity  within federal agencies and among federal contractors,” Link said....