Recent Guidance From The EEOC Targets DEI. So How Should Employers React?

The Equal Employment Opportunity Commission ("EEOC") and the Department of Justice ("DOJ"), two federal agencies responsible for policing discrimination in the workplace, recently issued informal guidance outlining what could constitute a "discriminatory diversity, equity, and inclusion program" ("DEI Program") under Title VII of the Civil Rights Act ("Title VII"), the federal law against workplace discrimination. This activity comes on the heels of the current administration's broader stated goal of, at minimum, reigning in DEI programs, with some suggesting that the Administration's obvious goal is to eliminate such programs altogether.

In guidance jointly issued by the EEOC and DOJ, which is entitled, "What to do if you experience discrimination related to DEI at work," the two agencies suggest that DEI Programs might be unlawful if the program causes an employer to take an employment action motivated in whole or in part by an employee's race, sex, or another