On January 31, 2023, the U.S. Department of Education’s Office for Civil Rights released a Fact Sheet to confirm for educators, parents and students that diversity, equity and inclusion training and similar activities are in most circumstances consistent with Title VI of the Civil Rights Act of 1964 (Title VI).
Title VI, a law OCR enforces, prohibits programs or activities that receive federal funding from discriminating based on race, ethnicity, or national origin. Determining whether an activity or program results in prohibited Title VI discrimination requires an assessment of the totality of the circumstances on a case-by-case basis. The new OCR Fact Sheet clarifies that Title VI does not categorically prohibit schools from offering activities designed to further the objectives of diversity, equity and inclusion, such as instruction on the impact of systemic racism, cultural competency training or student programs focused on anti-harassment or anti-bullying.
In response to challenges to the legality of diversity, equity and inclusion activities in schools, the new Fact Sheet provides a resource for school communities in their efforts to foster inclusive learning environments.
Please contact a member of our Education Law Group if you have any questions about this legal update.
