Justice Department Issues Guidance on “Illegal DEI” Practices

August 7, 2025

What's New

The Department of Justice (DOJ) has issued long-anticipated guidance outlining the types of diversity, equity, and inclusion (DEI) and employment practices that may be unlawful under federal civil rights laws. The July 29 memorandum from Attorney General Pamela Bondi identifies several common workplace initiatives — including certain DEI trainings, “diverse slate” mandates, and supplier diversity programs — that many employers have considered adopting in recent years.

The memorandum, Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, says it “clarifies the application of federal antidiscrimination laws” and identifies four areas of potentially unlawful practices:

programs that grant preferential treatment to specific demographic groups;
the use of race or sex proxies in selection practices;
segregated facilities or training sessions; and
training programs that promote discrimination or hostile environments.

What It Means

The memorandum offers specific examples of unlawful practices in each category and best practices to remediate potentially unlawful conduct. For example, the memorandum suggests refraining from asking applicants about their “cultural competency” and instead focusing on a candidate’s language proficiency and educational credentials. While emphasizing that these are “non-binding suggestions,” the memo nonetheless hints at the types of practices that DOJ may investigate.

What You Should Do

To support our members in interpreting this guidance, we will hold a virtual roundtable on Tuesday, August 26, at 1:00 p.m. EDT. This exclusive, members-only event will provide a forum for candid discussion with CWC’s compliance experts on the likely impact of DOJ’s positions on an organization’s compliance strategies, risk exposure, and ongoing employee relations efforts.

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