September 2025 – University of Massachusetts President’s Office, Office of the General Counsel

The University of Massachusetts, as a public institution and agency of the Commonwealth, is subject to both state and federal anti-discrimination laws. These laws govern not only employment but also all university programs and activities, ensuring equal treatment regardless of protected class, such as race, color, national origin, sex, disability, age, religion, sexual orientation, and gender identity.  Keep in mind that programs and activities is broadly defined, and may include but are not limited to admissions, recruitment, financial aid, scholarships, academic programs, student treatment and services, counseling and guidance, discipline, classroom assignment, grading, vocational education, recreation, physical education, athletics, and housing. 

Recent Developments: 

  • Executive Orders: Several executive orders issued in 2025 have affected diversity, equity, inclusion, and accessibility (DEIA) programs and policies. While these orders do not directly change existing law, they impact federal agency operations, which in turn affect universities. Many of these orders are being challenged in court.
  • State and Federal Guidance: The Massachusetts Attorney General and other state agencies have clarified that lawful DEIA practices remain so. Quotas or preferences in hiring continue to be illegal and remain prohibited. If you have any questions about specific programs or activities, please consult with the Office of General Counsel for assistance.
  • Litigation Landscape: Numerous lawsuits have been filed challenging federal policies related to DEIA, grant and research funding, and immigration. The University has provided evidentiary support for many of the lawsuits and amicus briefs filed by the Massachusetts Office of the Attorney General.
  • Supreme Court Actions: The Supreme Court’s emergency docket has led to rapid decisions affecting a number of areas in higher education, including the cancellation or freezing of federal research and grant funds and immigration. 

Affirmative Action: 

  • Affirmative action, which promotes diversity without favoring any protected category, has been curtailed at the federal level. However, Massachusetts continues to promote affirmative action in employment through state law and executive orders. 

Best Practices for the University: 

  • The University’s mission remains focused on providing accessible, high-quality education and advancing knowledge for all.
  • Programs and activities should be inclusively designed so that opportunities are available to all students, not reserved based on race, gender, or other protected characteristics. 

For more information, visit the Office of General Counsel’s website.