On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint guidance on illegal diversity, equity, and inclusion (DEI) practices. The guidance also included FAQs which clarify the departments’ stance on what constitutes illegal DEI and provides steps for employees on reporting violations.
Background
In January, President Trump issued executive orders 14151 and 14173 to end illegal DEI mandates and activities. However, these orders don't specify what constitutes illegal DEI, though EEOC and DOJ guidance offers some clarity.
Overview of DEI-related Discrimination Guidance
Under Title VII of the Civil Rights Act, employers with 15 or more employees cannot discriminate based on protected traits like race, color, religion, sex, or national origin. The EEOC and DOJ guidance warns that DEI programs may violate Title VII if influenced by these traits, highlighting potential workplace discrimination scenarios, including:
- Disparate treatment in employment actions based on a protected trait;
- Restricting employees based on protected traits, such as limiting group memberships, can deny them job opportunities;
- Workplace harassment based on a protected trait, such as DEI training, can be illegal if it becomes intimidating, hostile, or abusive; and
- Retaliating against employees for engaging in protected activities, such as objecting to DEI discrimination or participating in investigations, is prohibited.
The guidance clarifies that discrimination is unlawful even if a protected trait is just one of several factors. Employers cannot justify actions based on a protected trait due to business interests in diversity. It also outlines steps for employees to file a discrimination claim with the EEOC.
Employer Takeaway
The EEOC and DOJ guidance doesn't change existing laws but offers insights on evaluating DEI-related discrimination claims. Employers should review DEI practices to ensure they don't discriminate against federally protected traits. This includes examining hiring, interview processes, and training programs to avoid disparate impacts on protected classes. Download the bulletin for more details.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
