DOJ memo targets DEI programs at federally-funded schools

The Department of Justice (DOJ) issued a memorandum on July 31 cautioning that many Diversity, Equity, and Inclusion (DEI) programs in federally-funded institutions may violate civil rights law.

The guidance clarifies that schools, employers, and government entities receiving federal funds risk legal action if their DEI initiatives discriminate based on race, sex, or other protected characteristics.

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The DOJ warns that practices framed under terms such as “equity” or “inclusion” may mask unlawful behavior. For example, using race or sex as criteria for scholarships, hiring, or program access—common practices in higher education—are likely unlawful under federal law.

“This guidance clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (‘DEI’) programs,” the memorandum states.

Institutions are reminded they must comply with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Equal Protection Clause of the Fourteenth Amendment.

The memo outlines that compelling individuals to share bathrooms or locker rooms with the opposite sex or allowing males to compete in women’s sports can violate federal law.

Examples of other violations include diversity statements in job applications, and preferential hiring policies—practices still common across college campuses.

The DOJ also cautions against subjective evaluation metrics tied to “cultural,” “geographic,” or “personal” narratives. Institutions asking applicants to submit diversity statements, for instance, may be unlawfully advantaging certain racial or demographic traits.

Instead, the DOJ recommends adopting merit-based selection systems that prioritize qualifications over identity.

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“This Department of Justice will not stand by while recipients of federal funds engage in illegal discrimination,” Attorney General Pam Bondi said in a press release. “This guidance will ensure we are serving the American people and not ideological agendas.”

Assistant Attorney General Harmeet K. Dhillon added, “The very foundation of our anti-discrimination laws rests on the principle that every American deserves equal opportunity.”

The memorandum also builds on similar DOJ actions from February and May and follows President Trump’s executive order against ideological indoctrination in K-12 schools.

Campus Reform has contacted the Department of Justice and the Department of Education for comment. This article will be updated accordingly.