Johanna Alonso, Inside Higher Ed; Justice Department Declares DEI Unlawful
"More than three months after a federal court struck down an Education Department directive that barred any practices that consider race at colleges across the country, the Department of Justice declared Wednesday that diversity, equity and inclusion practices are unlawful and “discriminatory.”
But the agency’s memo goes even further than ED’s guidance, suggesting that programs that rely on what they describe as stand-ins for race, like recruitment efforts that focus on majority-minority geographic areas, could violate federal civil rights laws. The directive applies to any organization that receives federal funds, and DOJ officials warned that engaging in potentially unlawful practices could lead to a loss in grant funding.
Other examples of “potentially unlawful proxies” include requirements that job applicants “demonstrate ‘cultural competence,’ ‘lived experience,’ or ‘cross-cultural skills’” or narratives about how the applicant has overcome obstacles, Attorney General Pamela Bondi wrote."
