U.S. Department of Justice Releases Guidance on “Illegal DEI” for Federal Funds Recipients

Miller & Chevalier – On July 29, 2025, the U.S. Department of Justice issued a sweeping and long-awaited memorandum clarifying how the administration will apply federal antidiscrimination laws to recipients of federal funding — including government contractors, state and local governments, universities, and other federally supported institutions. The Guidance provides a non-exhaustive list of policies and practices, including Diversity, Equity, and Inclusion (DEI) policies, that DOJ considers illegal and presenting “significant legal risks.” The DOJ also offers examples of “Best Practices” as “non-binding suggestions” to “minimize the risk of violations.”

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