DOJ releases guidance for federal funding recipients regarding discrimination

The Department of Justice July 29 released guidance for federal funding recipients on unlawful discrimination “on the basis of race, color, national origin, sex, religion, or other protected characteristics — no matter the program’s labels, objectives, or intentions.” The guidance includes a list of “non-exhaustive” policies and practices that could result in the revocation of funding, including preferential treatment based on protected characteristics, prohibited use of proxies for protected characteristics, segregation based on protected characteristics, unlawful use of protected characteristics, and training programs that promote discrimination or a hostile environment. Additionally, the guidance said that federal funding recipients could be liable for discrimination if they “knowingly fund the unlawful practices of contractors, grantees, and other third parties.”