By Joanna Colosimo
On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Justice Department issued a press release and two technical assistance documents focused on educating employers, employees, and the public about the administration’s interpretation of unlawful diversity, equity, and inclusion (DEI) in the workplace.
The press release acknowledges that DEI is a broad term and not defined in Title VII of the Civil Rights Act, but also that Title VII prohibits employment discrimination based on protected characteristics such as race and sex. It indicates that its intent is to educate the public about long-standing civil rights laws such as Title VII and how those might apply to DEI programs in the workplace. Both EEOC and the Department of Justice indicate in the press release that these technical assistance documents are designed to help provide clear guidance on what constitutes “illegal DEI.”
The first technical assistance document that was released, titled “What to Do If You Experience Discrimination Related to DEI at Work,” is a one-page document mainly designed for the public and/or employees. This technical assistance one-pager reminds individuals that EEOC investigates charges of discrimination and can file a lawsuit on behalf of those alleging discrimination from a business or private employer. Alternatively, the Department of Justice can file a lawsuit under Title VII against state and local government employers based on an EEOC charge. The document also outlines what a DEI-related charge of discrimination could look like under a Title VII framework. There are four main components:
- Disparate Treatment
- Limiting, Segregating, and Classifying
- Harassment
- Retaliation
The second technical assistance document is titled “What You Should Know About DEI-Related Discrimination at Work” and is a longer Q&A style document. This document outlines several examples of “illegal DEI” under Title VII of the Civil Rights Act. Examples include:
- Employment actions based on protected characteristics such as race, sex, or other protected characteristics.
- Discriminating against applicants or employees in hiring, firing, promotion, demotion, compensation, benefits, training access, mentoring, sponsorship, networking, internships, interview selection, and job assignments (referred to as disparate treatment). Author’s note: While context will drive the details of a specific EEOC disparate treatment investigation, both qualitative and quantitative analysis may be important to consider.
- Limiting, segregating, or classifying employees based on race, sex, or other protected characteristics in ways that affect their status or employment opportunities. This includes limiting membership in workplace groups like employee resource groups, business resource groups, or affinity groups to certain protected groups.
- Separating groups in DEI programs or training, even if the content and resources are equal for each group.
- Justifying employment actions based on protected characteristics, even if business necessity or client preferences are factors.
- Creating a hostile work environment through DEI training that is discriminatory in nature, which can lead to adverse employment conditions due to its design, content, or execution.
Overall, the two sets of documents provide information and guidance that may not be all that surprising to employers that have long practiced legal DEI initiatives and have complied with Title VII law.
DCI will continue to track and analyze new resources released for employers by EEOC and other civil rights agencies as they are released.
