U.S. Department of Education Issues ‘Dear Colleague’ Letter That Reflects an Expansion of Title VI Under Students for Fair Admissions to Limit All Forms of Diversity, Equity and Inclusion Activities
February 27, 2025
At a Glance
On February 14, 2025, the Office for Civil Rights (OCR) of the U.S. Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) regarding the nondiscrimination obligations of schools, colleges and universities, and other entities that receive federal education funds.
The DCL, issued several weeks after President Trump’s January 21 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, represents a significant shift in the Department’s interpretation of antidiscrimination laws as they pertain to diversity, equity and inclusion (DEI) initiatives in education. We issued a previous update regarding the January 21 executive order earlier this month.
The DCL reflects a sweeping position by ED that many DEI-related activities, well beyond admissions and hiring, may violate Title VI of the Civil Rights Act and the Equal Protection Clause. It therefore seeks to greatly expand the application of the Supreme Court’s 2023 decision in Students for Fair Admissions to other significant aspects of an educational institution’s operations. ED also indicated that DEI activities that purportedly violate these civil rights laws could lead to an investigation of the institution and could potentially impact continued receipt of such funds.
