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Aug. 12, 2025
DEEP DIVE: MISGUIDANCE: An Analysis of the U.S. Department of Justice’s July 29, 2025 Civil Rights Guidance
Our latest Deep Dive, Misguidance: An Analysis of the U.S. Department of Justice’s July 29, 2025 Civil Rights Guidance (executive summary is here), examines recent non-binding guidance from the U.S. Department of Justice (DOJ) on federal antidiscrimination laws, especially as the Administration will apply them to “DEI” programs across early, K-12, and higher education. While some portions of the DOJ guidance reflect current law, others misstate or overreach—creating a real risk of chilling lawful practices to ensure equal opportunity for all. Our analysis situates DOJ’s guidance in the broader context of the Administration’s focus on halting efforts to advance diversity, equity, and inclusion; outlines four cross‑cutting legal flaws in DOJ’s guidance; and highlights where DOJ’s examples of “unlawful” and “best” practices do more to obscure the law than to clarify it. Giving due attention to the accurate propositions in the guidance without being driven by the many others that are plainly wrong or significantly misleading is a critical task for education leaders and lawyers who remain committed to providing diverse, equitable, and inclusive educational opportunities for all.
Click here to access the full paper and click here for an executive summary.
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.