Despite title, new DOJ anti-DEI guidance not just for federal funds recipients

It’s no secret that 2025 has seen a dramatic shift in the federal government’s view of the value and legal validity of diversity, equity, and inclusion (DEI) programs and initiatives. The latest guidance from the Department of Justice (DOJ) is directed at recipients of federal funding, but all businesses can use it to learn about the administration’s discrimination priorities.

Setting the tone

The tone was set by an Executive Order (EO) titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which criticized what it called “dangerous, demeaning, and immoral race- and sex-based preferences.”

This was followed in March by technical assistance documents issued jointly by the DOJ and the Equal Employment Opportunity Commission (EEOC) opining, among other things, that employer-sponsored affinity groups could be considered discriminatory if membership is limited and that business interests in diversity won’t justify this type of “segregation.” In May, the DOJ announced a Civil Rights Fraud Initiative under which it intends to use the False Claims Act to pursue government contractors it believes have falsely certified compliance with civil rights laws.