New DOJ guidance on DEI programs: Find out if your business is at risk

Recent guidance from the U.S. Department of Justice (DOJ) on the use of diversity, equity, and inclusion (DEI) initiatives in both employment and other public programs signals a shift in how employers should navigate the choppy waters of federal and state antidiscrimination laws.

Shifting ground on DEI

In recent months, businesses have seen several measures—by both the executive and judicial branches of the federal government—that affect the present and future status of DEI programs. The initiatives have included Executive Order (EO) 14151, which the White House entitled, “Ending Radical And Wasteful Government DEI Programs And Preferencing,” and a June 2025 U.S. Supreme Court decision affirming that members of majority groups (e.g., heterosexual, Caucasian, and/or male employees) are afforded protections under federal antidiscrimination law to an equal extent as minority employees.

Most recently, on July 30, 2025, the DOJ released guidance, authored by the Office of U.S. Attorney General Pam Bondi, concerning DEI initiatives in both employment and other public programs. In the guidance, the attorney general opines that DEI programs are illegal under federal antidiscrimination law, such as Title VII of the Civil Rights Act of 1964, because they show preference to minority employees based on race, color, national origin, sex, religion, or other protected characteristics.