Reversing the Cultural Revolution – Ending DEI

What you need to know:

Executive Orders, Dear Colleague Letters, Office for Civil Rights, Tools of Engagement, and Related Information

Dear CPL Reader,

It has recently come to our attention that the following notice was posted on the Frequently Asked Questions linked below. (See CPL’s comments below the notice.)

Notice posted:

“On April 24, 2025, a federal court enjoined the Department from “enforcing and/or implementing” the following: Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard (Feb. 14, 2025), Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act (first issued on Feb. 28, 2025), End DEI Portal, and Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification Under Title VI and SFFA v. Harvard (April 3, 2025) (certification requirement) against the plaintiff National Education Association, et al., its members, and any entity that employs, contracts with, or works with its members. See, Nat’l Educ. Ass’n v. United States Dep’t of Educ., No. 25-CV-091-LM (D.N.H. Apr. 24, 2025). As a result, the Department of Education’s Office for Civil Rights will not take any enforcement action, or otherwise implement, the February 28, 2025, Dear Colleague Letter, associated FAQs, the End DEI Portal, or the certification requirement until further notice.”

* CPL response:

President Trump’s Executive Order of April 23, 2025, “Restoring Equality of Opportunity and Meritocracy,” clarified that unequal outcomes (called “disparate-impacts”) for racial identity groups cannot be considered evidence of discrimination. That EO also made clear that requiring equal outcomes by racial identity groups is itself reverse discrimination and a clear violation of the Civil Rights law. This accurate interpretation of Title VI requires, as it should, a colorblind approach to equality under the law, which is a marked departure from the biased approach federal agencies have been using. It will have a large impact on reversing decades of DEI policies and practices that have been forced upon our American businesses, schools, local governments, and civil society.

CPL will update you regarding progress toward the appeal of this court order and the implementation of this extremely significant Executive Order. In the meantime, complaints of discrimination may continue to be filed according to existing guidelines (How to file a Discrimination Complaint with OCR).