EEOC, DOJ Issue New Guidelines on Illegal DEI Practices

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) have released new guidelines aimed at clarifying what constitutes illegal diversity, equity, and inclusion (DEI) practices in the workplace. Issued on March 19, 2025, these guidelines are designed to help employers understand which DEI programs and practices may violate federal law, particularly under Title VII of the Civil Rights Act.

The joint statement from the EEOC and DOJ specifies that DEI policies, programs, or practices can be deemed unlawful if they involve employment actions motivated by an employee’s protected characteristics, such as race, sex, religion, or national origin. The guidance provides specific examples of common employment practices that could be considered illegal under these new standards. For example, affinity groups are lawful only if all employees have the opportunity to participate, regardless of their protected characteristics. Similarly, training programs that separate workers into groups based on these characteristics are unlawful, even if the content or resources provided are identical. Mentoring and sponsorship programs must also be accessible to all employees without discrimination based on protected characteristics.

The agencies emphasize that decisions related to hiring, firing, promotions, demotions, compensation, or fringe benefits must not be influenced by protected characteristics. The guidance is presented in the form of technical assistance documents, which, while informal, offer valuable insights into the Trump administration's views on the legality of certain DEI practices. These documents were issued without a formal vote from the EEOC due to the lack of a quorum following the dismissal of two commissioners by President Trump in January 2025.

The new guidelines underscore the importance for businesses to review their DEI programs and practices to ensure compliance with federal and state laws. Employers with programs that may violate the EEOC and DOJ's guidance should reassess and modify their initiatives to achieve DEI goals without engaging in unlawful employment practices. The ever-changing legal landscape necessitates ongoing vigilance and adaptation to maintain compliance and avoid potential legal repercussions.

These guidelines create new avenues for employees to report corporate DEI programs that may be in violation of federal law. By providing clarity on what constitutes illegal DEI practices, the EEOC and DOJ are empowering employees to take action against discriminatory policies and programs. This shift in policy highlights the administration's commitment to ensuring that DEI initiatives are implemented in a manner that is fair and compliant with federal regulations.

In summary, the new guidelines from the EEOC and DOJ represent a significant development in the regulation of DEI practices in the workplace. By clarifying what constitutes illegal DEI practices and providing specific examples, the agencies are helping employers navigate the complex legal landscape and ensuring that DEI initiatives are implemented in a fair and compliant manner. The guidelines also create new opportunities for employees to report discriminatory practices, further emphasizing the importance of compliance and vigilance in the workplace.