Leading up to his election and immediately thereafter, President Donald Trump promised to pursue and rid the country of diversity, equity and inclusion programs not just in the public but also in the private sphere. The administration has taken steps towards this goal, including the issuance of a memo from Attorney General Pam Bondi directing the Department of Justice’s Civil Rights Division to “investigate, eliminate and penalize” colleges and universities receiving federal funds and private companies that have “illegal” DEI discrimination and preferences.
McCarter partner and the former US attorney for the District of Connecticut, Vanessa Roberts Avery spoke with the ABA Journal to discuss possible implications of the memo, noting that it raises the possibility of criminal prosecutions and investigations. She said, “The source of authority for a criminal investigation is unclear,” adding that criminal authority in the civil rights arena is generally directed to “particularly egregious conduct, such as federal hate crimes, and requires proving criminal intent.” Vanessa also noted that the department is likely to pursue investigations of nonprofit and other organizations that receive federal grants.