DOJ Attempts to Define “Illegal DEI”: Warning Recipients of Federal Funds to Take Notice
Federal News Network – On July 29, 2025, Attorney General Pam Bondi further emphasized the Justice Department’s crackdown on “unlawful discrimination” efforts with a new memorandum providing “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” This latest memo expands the government’s enforcement theory to include “proxy discrimination” — previously accepted language, policies and practices that DoJ has taken the position may serve as substitutes for programs intended to achieve “racial or sex-based outcomes.” The memo also broadens DOJ’s enforcement reach to include the practices of third-party entities or programs that a direct recipient of federal funding might engage with.
