EEOC and DOJ Issue New Guidance on DEI Initiatives

Seal of the United States Equal Employment Opportunity Commission

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release addressing workplace diversity, equity, and inclusion (DEI) initiatives. The press release provides guidance on how DEI actions may conflict with anti-discrimination laws under Title VII of the Civil Rights Act of 1964, and further indicates that while DEI-related actions are not explicitly defined, such actions will be closely examined under Title VII standards.

To learn more about the new guidance on DEI click here to read the full article by our partners at Jackson Lewis: “Illegal DEI’ Still Undefined in New EEOC, DOJ Guidance: Compliance Considerations for Employers.”

Key takeaways from the article include:

  • Employment Actions: Actions influenced by race, sex, or other protected characteristics could be unlawful.
  • Hostile Work Environment: DEI training might lead to claims of a hostile work environment.
  • Protected Activity: Opposition to DEI training could be protected, prohibiting retaliation.

Employers should consider aligning DEI policies with Title VII to mitigate legal risks and ensure compliance.

Source: Our partners at Jackson Lewis P.C.

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