DOJ Issues Guidance on DEI and Antidiscrimination Compliance
You may remember the federal Executive Orders earlier this year that aimed broadly to ban many diversity, equity, and inclusion practices and “equity-related” grants and contracts. This week, the U.S. Department of Justice (DOJ) issued new guidance to clarify how diversity, equity, and inclusion (DEI) laws apply to programs and initiatives. The memorandum can be found here, and here are some activities from the memo that agencies who receive federal funding should avoid-
Scholarships or internships limited to certain racial groups
Hiring or promotion preferences based on demographics
Quotas or demographic benchmarks
Requiring diversity statements or emphasizing “lived experience” in selection
Targeting recruitment to geographic areas defined by racial composition The memo outlines suggested steps organizations can take to reduce risk and stay in compliance, including focusing hiring and program decisions on skills and qualifications, ensuring that programs and trainings are open to everyone, documenting the reasons for any selection criteria used, and adding nondiscrimination requirements to contracts with third parties. Read more here.