The following clarifies questions about the campus impact of recent decisions in two court cases challenging the Feb. 14, 2025 Dear Colleague Letter (DCL) and related directives. The court in American Federation of Teachers v. U.S. Department of Education and National Education Association v. US Department of Education issued injunctions barring the federal government’s enforcement of the DCL. While the federal government initially appealed those decisions, the cases have now been dismissed based on the federal government’s withdrawal of the appeal and its agreement (articulated in this Joint motion to dismiss) to not enforce directives in the DCL.
This outcome does not change or otherwise affect the Office of Legal Affairs’ guidance provided to campus units to date regarding the DCL and the university’s compliance with anti-discrimination laws. All directions to adjust criteria, programs, and activities were based only on those portions of the DCL that reflected current law as long interpreted by OLA and the courts. The university has not discontinued inclusivity activities as a whole but has made appropriate changes campus-wide to meet our legal obligations. Moreover, while the DCL itself is not being enforced, DCL content was replicated in numerous other federal governmental documents that are still considered active, including a July 25, 2025 memo from Attorney General Pam Bondi.
The university remains strongly committed to fostering a welcoming and inclusive environment for all campus community members. Please feel free to contact the Office of Legal Affairs at 608-263-7400 with any questions about this matter or UW-Madison’s policies and best practices.