The American Federation of Teachers (AFT), along with its Maryland affiliate and the American Sociological Association, has initiated a lawsuit against the US Department of Education. The lawsuit contests the new civil rights guidance issued by the Department, which requires the removal of diversity, equity, and inclusion (DEI) practices in institutions nationwide.
The directive, released on February 14 as a ‘Dear Colleague’ letter, requires that schools stop DEI practices by the conclusion of February 2025. The plaintiffs contend that the guidance is overly ambiguous, misinterprets existing laws, and lacks adequate legal justification to support its stance on race-related practices.
The legal action underscores how the directive violates First Amendment rights regarding free speech and free association. AFT President Randi Weingarten declared, “This unclear and evidently unconstitutional memo represents a serious assault on students, our profession, and knowledge itself.”
The guidance furthermore undermines the civil rights of teachers and students by limiting open conversations about race-related topics. The plaintiffs assert that the Department breached procedural mandates outlined in the Administrative Procedures Act by evading an open rulemaking process.
Legal Objective
The lawsuit aims to obtain a preliminary injunction preventing the Department from applying the guidance in the letter and asserting that the letter is “unlawful and unconstitutional.” The plaintiffs contend that the guidance will inflict immediate damage on higher education institutions and their stakeholders.
The legal action has prompted responses from teachers and supporters nationwide. The American Council on Education has advised colleges and universities to remain composed and avoid overreacting to the Dear Colleague letter.
The situation underscores the tension between federal oversight and institutional autonomy in efforts to achieve diversity and address racial inequalities in education. Teachers and supporters will be monitoring attentively to observe the court’s decision on this pivotal matter, as the legal case unfolds.
