Health care and other federal funding recipients now face escalating legal risk in their implementation of diversity, equity and inclusion (“DEI”) programs. The Executive Branch continues to reshape the enforcement of civil rights laws in this space, beginning with Executive Orders as discussed here , followed by directives to the Department of Justice (“DOJ”) and the Equal Employment Opportunity Commission (“EEOC”), as discussed here and here , and through targeted agency actions such as the joint letter from the U.S. Departments of Education (“DOE”) and Health & Human Services (“HHS”) to Duke University (“Duke”) regarding race-conscious programming in a federally funded medical pathway program.

Now, the Attorney General has issued a new memorandum further clarifying the curr

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