Lawsuit challenges US Education Department’s anti-DEI guidance, fearing impact on educational freedom. (Getty Images)

A lawsuit was filed by three educator groups challenging the US Department of Education‘s new civil rights guidance aimed at curbing diversity, equity, and inclusion (DEI) practices in schools across the nation. The lawsuit, filed in US District Court, argues that the sweeping guidance misinterprets the law, infringes on free speech, and threatens to disrupt educational practices related to race and diversity.
The lawsuit was initiated by the American Federation of Teachers (AFT), its Maryland affiliate, and the American Sociological Association. The groups claim that the guidance, issued in the form of a Dear Colleague letter on February 14, 2025, imposes vague restrictions that could severely limit discussions about race, diversity, and inclusion in schools. The guidance, which cites the 2023 US Supreme Court decision in Students for Fair Admissions v. Harvard, prohibits race-conscious practices in higher education and extends similar restrictions to hiring, training, and student support activities at schools ranging from preschools to universities.
Legal basis and key concerns
The lawsuit challenges the Department of Education’s legal basis for the guidance, arguing that the agency is overstepping its bounds by issuing such broad directives without the legal authority to do so. “This letter radically upends and re-writes otherwise well-established jurisprudence,” the lawsuit states, as reported by Chalkbeat. The plaintiffs argue that the guidance not only misstates the law but also lacks the necessary legal explanation to support its stance on race-related practices.
The guidance, which demands that schools cease practices related to DEI by the end of February 2025, is seen as excessively vague. The lawsuit contends that it could potentially ban a wide array of activities, such as workshops on combating anti-Semitism or discussions on the challenges faced by Black students. Additionally, the plaintiffs argue that the memo fails to clarify what schools must do to comply, leaving educators in a state of uncertainty about acceptable practices.
Impact on free speech and civil rights
One of the key arguments made in the lawsuit is that the Department of Education’s directive infringes on students’ and teachers’ rights to free speech and free association. “This vague and clearly unconstitutional memo is a grave attack on students, our profession and knowledge itself,” said AFT President Randi Weingarten, as quoted by Chalkbeat. The lawsuit claims the guidance not only violates First Amendment rights but also undermines the civil rights of students and educators by restricting open discussion on race-related topics.
The groups involved in the lawsuit also argue that the Education Department failed to follow the necessary procedures required when a federal agency makes significant changes to how it interprets laws. According to the lawsuit, the guidance violates the Administrative Procedures Act by bypassing a transparent rulemaking process.
As the case progresses, it highlights the ongoing tension between federal directives and the autonomy of educational institutions to promote diversity and engage in open discussions on race.