CBA Record September-October 2025

PRO BONO WEEK 2025 – JUSTICE CAN’T WAIT

“This new Guidance emphasizes the significant legal risks of initiatives that involve discrimination based on protected char acteristics and offers non-binding best practices to help entities that receive federal funds avoid the risk of violations and the revocation of federal grant funding.” The guidance outlines in more detail what the DOJ considers to be unlawful discriminatory policies and practices, including: l Granting preferential treatment based on protected characteristics l Prohibited use of proxies for protected characteristics l Segregation based on protected characteristics l Training programs that promote discrimination or hostile environments Within each of those broad categories, the guidance gives spe cific examples of what are considered unlawful practices. It also gives several nonbinding recommendations of best practices for DEI programs to remain compliant. DEI Risk Assessments Based on the new legal backdrop and new DOJ guidance, it is advisable for all nonprofits and other entities, particularly those that receive federal funding through grants or contracts (includ ing federal programs administered through state or local govern ments), to do an internal risk assessment for their DEI program. The goal should be to protect the principles behind the DEI pro gram while ensuring it is legally compliant. Where possible, this should be done with the assistance of lawyers with experience in this area. These risk assessments are aimed at helping nonprofit organi zations in three ways: (1) understand and identify legal, business, and reputational risks around their DEI policies and programs; (2) review their DEI objectives; and (3) develop a strategy for ensuring their DEI-related policies and programs comply with the law, taking into account recent executive orders and direc tives from the federal government and state and local laws. With these overarching principles in mind, each nonprofit organization should assess whether its policies, programs, and communications on DEI and related issues could place it at risk of being deemed unlawful discrimination, with a particular focus on the following four areas: l Employment and HR policies, including training programs on DEI-related issues. l Internal policies, including policies for boards of directors, advisory boards, or committees, and internal organization committees, networks, or programs. l Contracts; procurement policies; internship, externship, or scholarship programs; advocacy initiatives; community partnerships; and other external programs. l Communications and statements of mission and values related to DEI and equal opportunity (including gender),

both internally and externally, with a focus on language that suggests the organization is favoring one or more groups over others, seeking a certain level of demographic represen tation for particular groups, limiting participation, or other wise treating people differently based on race, sex, or another protected characteristic. Communications include websites, blogs, newsletters, social media, fundraising or volunteer appeals, and other organizational communications. Nonprofit Legal Resources Project To help nonprofits respond to these new DEI-related threats and other threats to their federal funding and support, the CBF has worked with our pro bono and legal aid partners, local and national nonprofit partners, and other local foundations to develop a central hub nonprofits can go to for resources and con nections to legal assistance. That is now the Nonprofit Legal Resources Project, a part nership between the CBF, Forefront, and the Chicago Lawyers Committee for Civil Rights under the oversight of an advisory committee of nonprofit and law firm experts. The project includes a central online resource hub (https:// myforefront.org/nonprofitlegalresources/) that provides infor mation and resources for Illinois nonprofits and referrals to avail able free legal assistance to help navigate these issues. A major grant from the John D. and Catherine T. MacArthur Foundation and additional support from the Chicago Commu nity Trust and other area foundations make it possible for the CBF and our partners to build out the Nonprofit Legal Resource Project to connect to a broader range of legal assistance. Assistance ranges from brief advice, to help with DEI assessments and policy updates, all the way to potential litigation where warranted. Other Legal Threats Facing Nonprofits As noted, DEI is just one of the primary federal threats facing nonprofits in 2025. Other threats include a variety of legal issues around federal grants and contracts, threats to tax-exempt status for certain nonprofits, and potential prosecution under the False Claims Act, among others. Keep an eye on the Nonprofit Legal Resources page on the Forefront website for more information on the evolving legal threats nonprofits face today and how Illinois-based nonprofits can connect to further legal help. Pro Bono Opportunities The partners in the Nonprofit Legal Resources Project are work ing to identify more discrete pro bono opportunities to help nonprofits facing these threats. Watch for future communica tions from the CBF and our partners on opportunities for get ting involved. In the meantime, the next page identifies ways lawyers can get involved now in helping nonprofits and small businesses.

CBA RECORD 25