CAPLAW News Resource Image

Supreme Court Corner: Update on Anti-Discrimination in Federal Grantmaking

2024

Recent court decisions resulted in a range of challenges to anti-discrimination initiatives in grantmaking by nonprofit organizations. The U.S. Supreme Court struck down race-based affirmative action in higher education in its 2023 Students for Fair Admissions (SFFA) decision, and the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) ruled against an organization operating a grant contest that awarded funds solely to Black women. These court cases indicate how Community Action Agencies (CAAs) can structure their grant-making efforts to maintain compliance with applicable anti-discrimination laws as they continue the work that supports their communities.

Related Resources:

Certifications and More: The State of Federal Grantees and Anti-Discrimination Law

Public Charge: What CAAs Need to Know About the 2025 Proposed Rule

On November 19, 2025, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) proposing to rescind nearly the entire public charge rule that previously went into effect on December 23, 2022 (the “2022 Rule”) without a formal replacement.  ...

Certifications and More: The State of Federal Grantees and Anti-Discrimination Law

Departmental Appeals Board Article Archive

The Department of Health and Human Services (HHS) is the largest grant-making agency in the federal government. HHS’s Departmental Appeals Board (DAB) is responsible for providing dispute resolution services for HHS grants and programs. Grantees can appeal determinations...