(Legal) DEI and Racial Discrimination
Update on Diversity, Equity, and Inclusion (DEI) Programs and Racial Discrimination
On April 3, 2025, the U.S. Department of Education sent a “Reminder of Legal Obligations” to state and local education agencies, requesting that they sign a certification that they are in compliance with federal law that prohibits discrimination on the basis of race, color, or national origin. Specifically, the certification request reminds public school leaders that the Equal Protection Clause and Title VI of the Civil Rights Act “prohibit race-based action, with only the narrowest of exceptions.” The reminder states that “any violation of Title VI – including the use of Diversity, Equity, & Inclusion (‘DEI’) programs to advantage one’s race over another – is impermissible.” It threatens state and local education agencies with the loss of federal funding going forward, legal action by the Department of Justice to recover “previously received funds,” and treble damages for violations of the False Claims Act for certifying an entity is in compliance when it is not.
Read the Full Brief in the PDF below...
