The U.S. Department of Justice recently issued new guidance that casts doubt on a wide range of common DEI (diversity, equity, and inclusion) practices used by colleges and universities, warning that they may violate federal civil rights laws.
In a nine-page memo sent to all federal agencies, U.S. Attorney General Pam Bondi described policies that account for applicants’ geographic origin, socioeconomic background, personal hardship, or cultural experiences as potentially “unlawful.” The memo, though described as “non-binding,” is framed as a set of “best practices” for institutions that receive federal funding — including most colleges and universities.
Bondi argues that even when race is not explicitly considered, using certain criteria may serve as a proxy and thus run afoul of anti-discrimination laws. “Requiring faculty candidates to describe how their ‘cultural background informs their teaching’ may function as a proxy if used to evaluate candidates based on race or ethnicity,” the memo states.
The document follows a February “Dear Colleague” letter from the U.S. Department of Education that also framed certain DEI efforts as discriminatory. That earlier letter was blocked by a federal judge in April. Bondi’s memo, however, expands the scrutiny beyond K-12 schools to all federal funding recipients and offers more specific examples of practices deemed potentially unlawful.
Among the activities flagged in the guidance are:
- Creating study spaces designated for BIPOC students
- Hosting workshops or events specifically for underrepresented minorities
- Requiring diverse hiring pools
- Recruiting students based on first-generation status, ZIP code, or low-income background
The memo also wades into the ongoing national debate over transgender rights, stating that allowing trans women to access women’s bathrooms, locker rooms, dormitories, or athletic programs may constitute a violation of cisgender women’s Title IX protections.
While the memo does not carry the force of law, its tone and breadth suggest a strong warning to institutions that have embraced DEI initiatives in the wake of last year’s Supreme Court decision ending affirmative action. By framing longstanding equity-focused practices as discriminatory, the guidance reflects the Trump administration’s broader campaign to roll back civil rights protections in education under the guise of neutrality.
Critics say the memo is part of a larger effort to intimidate institutions into abandoning diversity efforts — even those unrelated to race — by framing them as legally risky and politically controversial.
