The DOJ released two memos to its employees last week aimed at effectuating President Trump’s diversity, equity, and inclusion (DEI)-focused Executive Order: “Ending Illegal Discrimination And Restoring Merit-Based Opportunity,” which we reported on here. One memo: “Ending Illegal DEI and DEIA Discrimination Preferences” is focused on the DOJ’s intent to investigate, eliminate, and penalize illegal DEI and DEIA (diversity, equity, inclusion, and accessibility) preferences, mandates, policies, programs, and activities in the private sector and educational institutions that receive federal funds.
The other memo: “Eliminating Internal Discriminatory Practices” is focused on the elimination of race- or sex-based preferences, diversity hiring targets, or preferential treatment based on DEI- or DEIA-related criteria in DOJ materials (e.g., consent decrees, settlement agreements, litigation positions, grants, procurements, internal policies and guidance, contracting arrangements) and the DOJ’s issuance of updated guidance that eliminates identity-based considerations and narrows the use of disparate impact theories that require race- or sex-based preferences based on statistical disparities.
Both memos are aimed at “programs, initiatives, or policies that discriminate, exclude, or divide individuals based on race or sex” and expressly exclude “educational, cultural, or historical observances—such as Black History Month, International Holocaust Remembrance Day, or similar events—that celebrate diversity, recognize historical contributions, and promote awareness without engaging in exclusion or discrimination.”