Go to Wolters Kluwer VitalLaw.comGo to Wolters Kluwer VitalLaw.com
VitalLaw®
  • Find answers to your questions
  • Log in to access your subscriptions
In depth. On point.
In depth. On point.
  • Home
  • Legal Directory
  • Home
  • Legal Directory
In depth. On point.
  • Articles
  • Articles
  • Law Firms
  • Law Firms
  • Organizations
  • Organizations
    • PROCEDURE—U.S.: Voluntary dismissal without prejudice counts as ‘final proceeding’ under Rule 60(b)
    • AGENCY NEWS—OPM announces new SES appraisal system and performance plan
    • AGENCY NEWS—Special Counsel Dellinger succeeds in getting MSPB to stay terminations of ‘small sample’ of probationary employees
    • DISCRIMINATION—E.D. Tenn.: White male, fired after allegedly paddling Black female coworker, stated discrimination claims
    • DISCRIMINATION—PREGNANCY—N.D. Ala.: Teacher turned down for several positions advances bias claim in large part
    • DISCRIMINATION—SEX—W.D. Va.: Liberty University fails to derail transgender employee’s Title VII sex discrimination claim
    • EMPLOYEE LEAVE—S.D. Ill.: Fired employee with vertigo advances FMLA interference claim, but retaliation claim tossed
    • EXPERT INSIGHTS—NLRB leadership in flux: Chair Gwynne Wilcox's unprecedented firing, a quorum-less board, and implications for employers
    • EXPERT INSIGHTS—The pay transparency laws to know in 2025 in the United States and beyond
    • LITIGATION NEWS, TRENDS—DoorDash, Amazon pay millions to settle NY, DC tipping cases
    • LITIGATION NEWS, TRENDS—Former VA employee files lawsuit after discharge as ‘probationary’ employee
    • LITIGATION NEWS, TRENDS—Teachers union sues over threat of federal funding withdrawal for DEI use
    • USERRA, VETERANS—S.D.N.Y.: Employer granted dismissal of employee’s USERRA claims for discrimination and retaliation
    • WHISTLEBLOWERS—1st Cir.: ‘But for’ standard applied to determine causation in FCA retaliation claim
  • Articles
  • Articles
  • Law Firms
  • Law Firms
  • Organizations
  • Organizations

    Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Teachers union sues over threat of federal funding withdrawal for DEI use, (Feb 26, 2025)

    By Cathleen Calhoun, J.D.

    According to the complaint, the Department of Education “…appears to ban all programming in support of Diversity, Equity, and Inclusion…despite the fact that such programming is lawful.”

    In a lawsuit filed in a Maryland fed ...

    By Cathleen Calhoun, J.D.

    According to the complaint, the Department of Education “…appears to ban all programming in support of Diversity, Equity, and Inclusion…despite the fact that such programming is lawful.”

    In a lawsuit filed in a Maryland federal district court on February 25, the American Federation of Teachers (AFT), the American Sociological Association (ASA), and the American Federation of Teachers-Maryland (AFT-Maryland), allege that the Department of Education (DOE) has unlawfully threatened to withdraw federal funding from schools that use Diversity, Equity, and Inclusion (DEI), and other diversity practices in their policies, programming, and organizations. The complaint stems from a letter, known as a Dear Colleague letter, send by the DOE Office of Civil Rights, on February 14, that requires the stoppage of all school programs and policies that use diversity and other DEI programs within two weeks.

    DOE stance. According to the DOE, some of the programs and practices schools are using, such as DEI, not requiring admissions tests, and using cues from student application essays to determine backgrounds, appear neutral but are motivated by racial considerations, in violation of federal law. The 2023 U.S. Supreme Court decision in Students for Fair Admissions, Inc. (SFFA) is used as justification for the contents of the letter. The DOE writes that school “…programs discriminate in less direct, but equally insidious, ways. DEI programs, for example, frequently preference certain racial groups….” Educational institutions are advised to cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and to stop reliance on third-party contractors, clearinghouses, or aggregators that are “being used by institutions in an effort to circumvent prohibited uses of race.” On funding, the DOE states that it intends to act appropriately to assess compliance with the applicable statutes and regulations beginning no later than 14 days from the date of the letter (February 28), including antidiscrimination requirements that are a condition of receiving federal funding.

    Lawsuit. The AFT, ASA, and AFT-Maryland argue that the DOE letter prohibits speech and is vague, in violation of the First and Fifth Amendments, and that it misinterprets the Supreme Court’s SFFA decision, and that the DOE has overreached its authority. The complaint notes, “…the Supreme Court has not banned efforts to advance diversity, equity and inclusion in education.” The complaint asks the court to stop the DOE from enforcing the letter through a preliminary injunction, and to declare the letter unlawful.

    The case is No. 1:25-cv-00628-SAG.

    News: LitigationNewsTrends LaborNews AgencyNews Labor WhiteHouseNews Discrimination ESGNews

    © 2026 CCH Incorporated and its affiliates and licensors. All rights reserved.

    • Manage Cookie Preferences
    • Privacy Statement
    • Terms of Use