In Force

Memo: Ending Illegal DEI and DEIA Discrimination and Preferences

Office of the Attorney General
Memo
Memo

Policy Type: Memo

A written policy statement issued by a government agency or executive official that provides guidance, clarification, or direction on implementing laws or policies. Memos do not have the force of law but can influence policy interpretation and enforcement.

Who It Impacts: Federal agencies, policymakers, and sometimes regulated industries. Memos can shape how agencies enforce laws, impacting businesses, healthcare providers, and other stakeholders.

Who Is Not Impacted: Memos do not create binding legal requirements for the general public, though they can influence enforcement priorities that indirectly affect individuals and organizations.

Date Enacted
February 5, 2025
Last Updated
November 20, 2025
Policy Type
Education
Research and Data
Children and Families

Summary

This memorandum directs the Civil Rights Division and Office of Legal Policy to offer recommendations to the Associate Attorney General for how to end programs and principles related to DEI and DEIA in the private sector through deterrence and litigation. It also prohibits educational agencies, colleges and universities receiving federal funds from taking into consideration DEI in admissions decisions.

Impact Analysis

DEI and DEIA programs and principles are intended to mitigate the inherent biases built into systems and prevalent within our society. They are developed to support the workforce in understanding existing societal inequities and their impacts, as well as take concrete measures in addressing them within a particular company or organization. Removing DEI and DEIA principles and programs may mean reverting back to an even more inequitable society. Groups that already are most burdened by existing oppressions of gender, race, sexual orientation, ability, etc. may find that disproportionate burden heavier as organizations no longer track disparities in hiring, for example, and no longer strive for equitable hiring. DEI and DEIA approaches leading to a diverse workforce are also beneficial for some companies’ bottom line, leading to better innovation and responsiveness to their customers. As companies roll back their DEI and DEIA programs and principles, they may also be less able to freely cater towards these same groups, resulting in decreased access.

Status

Take Institutional Action

  • Financially support companies and organizations that are continuing to move forward with DEI and DEIA programming and principles.
  • Keep practices that reduce bias in hiring and in admissions. There are hiring and admission selection strategies that are not specifically race-based that can reduce the natural biases we have and, in effect, help to equal the playing field in these processes.
  • Remember that at the heart of DEI and DEIA programming and principles is a mindset shift in how an organization operates. Even without quotas/metrics and DEIA-labeled programming, continued shifts in how we create more fair, inclusive, welcoming and responsive spaces for everyone can still move towards a more equitable organization.

Policy Prior to 2025

N/A

Additional Resources

N/A

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