Analysis

What You Need to Know: The Department of Justice’s “Guidance for Recipients of Federal Funding on Unlawful Discrimination”

August 13, 2025

Several civil rights organizations use a fact sheet to say courts, not federal agencies, have the final say on the meaning of federal statutes

In another effort to carry out the Trump administration’s anti-equity agenda, on July 29, 2025, the Department of Justice (DOJ) issued “Guidance for Recipients of Federal Funding on Unlawful Discrimination” (the Memo) to all federal agencies. The Memo claims to prohibit diversity, equity, inclusion, and accessibility efforts by organizations that receive federal funding, state and local governments, and public and private employers. While the Memo does not define diversity, equity, inclusion, and accessibility or the activities that fall within this definition, its clear aim is to discourage organizations from having affinity spaces and groups, engaging in broad recruiting, assisting first-generation and low-income students, and taking other lawful steps to ensure equal opportunity. From access to education and living-wage jobs to health care and affordable housing, the Memo could have a profound impact on everyone's life. As organizations consider how to respond, it's important to understand the facts about what organizations can do to ensure equal opportunity.