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Civil Procedure

Jan. 31, 2025

Challenges to DEI policies have trouble establishing standing

While a wave of litigation followed the Supreme Court's landmark ruling against affirmative action, recent legal challenges to diversity, equity and inclusion programs are hitting roadblocks. Federal courts have dismissed multiple cases, ruling that plaintiffs failed to demonstrate actual harm, a key requirement for standing. Experts say this legal hurdle will continue to frustrate efforts to dismantle DEI initiatives.

A series of court cases have dismantled affirmative action programs across the United States. However, recent challenges to diversity, equity and inclusion programs are faltering due to the challengers' lack of standing to sue.

U.S. District Judge Kirk E. Sherriff dismissed a complaint this week from six community college faculty members who challenged "California Community Colleges' new diversity, equity, inclusion and accessibility rules," which they claimed, &...

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