EEOC Publishes Guidance Regarding DEI-Related Discrimination

The Equal Employment Opportunity Commission ("EEOC") recently issued guidance entitled, What You Should Know About DEI-Related Discrimination at Work (the "Guidance"). In the Guidance, the EEOC states that DEI initiatives, programs, and practices may violate Title VII of the Civil Rights Act of 1964 ("Title VII") if they involve an employer taking an employment action motivated in part by an employee's or applicant's race, sex, or other protected characteristic (which includes religion, color, and national origin under Title VII).

The EEOC explained that Title VII's protections apply equally to all workers, and there is not a higher standard of proof for individuals claiming they were subject to so-called "reverse" discrimination. Stated differently, the EEOC considers employees who are not in the minority of a protected classification to have equal standing to bring claims of discrimination before the EEOC.