The Department of Justice (DOJ) is taking a firm stance against illegal Diversity, Equity, and Inclusion (DEI) and Diversity, Equity, Inclusion, and Accessibility (DEIA) policies that involve race- or sex-based preferences.
Under Executive Order 1417, signed on January 21, 2025, the DOJ will investigate and penalize private sector businesses if they engage in discriminatory DEI-related practices.
To that end, on February 5, 2025, the Attorney General issued a Memorandum on enforcement. The subject of the Memorandum tells the story:
“ENDING ILLEGAL DEI AND DEIA DISCRIMINATION AND PRACTICES”
Footnote 1 in the Memorandum clarifies that:
“This memorandum is intended to encompass programs, initiatives, or policies that discriminate, exclude, or divide individuals based on race or sex. It does not prohibit 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.”
What This Means for Employers
🔹 Increased Investigations & Legal Actions – The DOJ’s Civil Rights Division will launch compliance investigations and potential lawsuits against organizations that implement DEI policies deemed to violate federal civil rights laws.
🔹 Focus on Key Sectors – The DOJ will identify industries with the most egregious discriminatory DEI practices and take legal action accordingly.
🔹 No More Race-Based Hiring or Promotions – Employers must ensure all employment decisions are strictly merit-based and avoid policies that favor or disadvantage employees based on race or sex.
The bottom line is that the federal government is aggressively targeting DEI programs. An Employer choosing to maintain a DEI program must analyze whether its vulnerable to action from the federal government. That same employer must also analyze whether maintaining their DEI program, valid or otherwise, is worth the potential investigation from the DOJ.