EEOC and DOJ Warn Employers: DEI Programs Must Comply with Anti-Discrimination Laws

This article is from the U.S. EEOC: https://www.eeoc.gov/newsroom/eeoc-and-justice-department-warn-against-unlawful-dei-related-discrimination As diversity, equity, and inclusion (DEI) initiatives continue to shape hiring, workplace culture, and corporate values across the country, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) are sending a clear message: DEI efforts must comply with federal anti-discrimination laws—especially Title VII of the Civil Rights Act of 1964. The EEOC and DOJ released two technical assistance documents warning employers that employment decisions motivated—wholly or partially—by race, sex, or other protected characteristics, even in the name of DEI, may be unlawful under Title VII.

What Employers Need to Know

While DEI has become a standard feature of modern workplaces—especially among large employers, academic institutions, and nonprofits—the EEOC and DOJ are reminding the public that “well-intentioned” discrimination is still discrimination under the law.

Key highlights from the guidance include:

• DEI is not a legal defense: Labeling an initiative as “diversity” or “equity” does not exempt it from Title VII scrutiny.

• Employment decisions cannot be based on protected characteristics: This includes hiring, promotion, compensation, discipline, and termination decisions made in whole or in part due to an employee’s race, sex, religion, or other protected status.

• Motivation doesn't matter: Even if an employer believes a race- or sex-based decision promotes inclusion or business interests, that does not excuse discrimination.

  
  

New Technical Assistance from the EEOC and DOJ

To help employers and employees navigate these complex issues, the agencies released two documents:

1. “What To Do If You Experience Discrimination Related to DEI at Work” – A concise, one-page overview to help employees recognize and respond to unlawful DEI-related discrimination.

2. “What You Should Know About DEI-Related Discrimination at Work” – A more detailed Q&A document that outlines how Title VII applies to various DEI-related workplace policies and practices.

Both documents reinforce existing Supreme Court precedent and EEOC guidance while offering new clarity on how enforcement agencies may view race-conscious or sex-conscious employment policies—even those implemented under the DEI banner.

Statements from Federal Leaders

EEOC Acting Chair Andrea Lucas emphasized that popular DEI practices may still carry legal risks:

“Far too many employers defend certain types of race or sex preferences as good, provided they are motivated by business interests in ‘diversity, equity, or inclusion.’ But no matter an employer’s motive, there is no ‘good,’ or even acceptable, race or sex discrimination.”

DOJ Deputy Attorney General Todd Blanche echoed this stance, stating:

“The Department of Justice is committed to ending illegal DEI initiatives, policies, and programs.”

What Should Employers Do Now?

Given the increased scrutiny, employers should:

1. Audit DEI programs and policies to identify any that may make decisions based on protected characteristics.

2. Reevaluate hiring and promotion criteria to ensure they are neutral, job-related, and consistently applied.

3. Train HR and management staff on lawful approaches to DEI and the limits set by Title VII.

4. Consult with legal counsel when implementing or revising DEI-related initiatives.

5. Communicate clearly to employees about the purpose and application of DEI policies, emphasizing non-discrimination and equal opportunity.

   
   

Final Thoughts

This latest guidance from the EEOC and DOJ is not a rejection of DEI goals—it’s a reminder that equality under the law must guide how those goals are pursued. Employers can still promote inclusion, equity, and belonging, but they must do so in ways that comply with Title VII and avoid discriminatory practices, regardless of intent.