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Policy Week in Review - February 14, 2025
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.
Congressional and Administrative News
Administration Releases Further Guidance on DEI Enforcement
On February 5, 2025, the U.S. attorney general sent a memorandum to all Justice Department employees explaining that “The Department of Justice’s Civil Rights Division will investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds” and directing the Civil Rights Division and Office of Legal Policy to submit a report by March 1, 2025 making recommendations for enforcement efforts. The scope of what the Department will consider “illegal DEI” for these purposes is not yet clear. Separately on that same day, the Office of Personnel Management issued a memorandum noting that illegal DEI in the federal workplace includes “unlawful diversity requirements for the composition of hiring panels, as well as for the composition of candidate pools (also referred to as ‘diverse slate’ policies).” While OPM does not have jurisdiction over private-sector employers, those engaging in such programs may wish to consult with counsel to ensure legal compliance.
