As Executive Branch Scrutiny of DEI Programs Intensifies, Companies Must Assess All Aspects of Their Policies and Business Practices to Ensure Compliance with Civil Rights Laws

Lexology June 5, 2025
Hall Render Killian Heath & Lyman PC

Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and by directing the Department of Justice (“DOJ”) and the Equal Employment Opportunity Commission (“EEOC”) to implement its policy objectives, as outlined here. Additional agency initiatives are sure to follow.

These coordinated actions have laid the groundwork for a broader shift in federal enforcement priorities, a shift that is now being made explicit in a recent DOJ memorandum (the “DOJ Memo”) that directs DOJ Trial Attorneys...

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