| IRS proposal could put private schools at odds with employment and tax laws |
A proposed IRS rule would threaten the tax-exempt status of private schools, colleges, and universities that use race, color, or national or ethnic origin in admissions, scholarships, financial aid, athletics, or other programs, regardless of the purpose of those policies. The proposal would broaden existing nondiscrimination rules to encompass race-conscious initiatives, potentially requiring institutions to restructure or eliminate DEI programs to preserve their tax exemptions. Complying with the proposed tax rules could create separate employment, labor, and contractual risks where DEI commitments are embedded in employment agreements, collective-bargaining arrangements, faculty governance, or donor-restricted scholarships. The IRS expects to finalize the rule before May 31st 2027, with it applying to taxable years beginning after that date, while potential legal challenges and requests for transition periods or safe harbors remain possible.