EEOC and DOJ Issue Warning on Illegal DEI-Related Discrimination
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued a joint statement and two technical assistance documents addressing unlawful discrimination related to diversity, equity, and inclusion (DEI) practices in the workplace. The documents, titled “What To Do If You Experience Discrimination Related to DEI at Work” and “What You Should Know About DEI-Related Discrimination at Work,” aim to educate the public on how DEI initiatives may violate Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, sex, and other protected characteristics.
The agencies emphasize that DEI policies, while increasingly common, must not involve employment actions motivated—even partially—by an individual’s protected traits, as such actions are illegal under Title VII. The guidance highlights that there is no exception for discrimination justified by business interests in diversity, and it applies equally to all employees, not just specific groups. The EEOC and DOJ stress their commitment to ending illegal DEI practices, with the DOJ’s Deputy Attorney General Todd Blanche and EEOC Acting Chair Andrea Lucas underscoring that no form of race or sex discrimination is permissible, regardless of intent.
The documents provide practical advice for employees on recognizing and reporting discrimination to serve as a reminder to employers to ensure compliance with federal anti-discrimination laws.
What To Do If You Experience Discrimination Related to DEI at Work
The article from the U.S. Equal Employment Opportunity Commission (EEOC), titled “What To Do If You Experience Discrimination Related to DEI at Work,” provides guidance for employees who believe they have faced discrimination due to diversity, equity, and inclusion (DEI) practices in the workplace. Published on March 18, 2025, it outlines steps to address potential violations of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
The EEOC explains that while DEI programs aim to promote fairness, they can sometimes lead to unlawful discrimination if employment decisions—such as hiring, promotions, or training opportunities—are influenced by protected characteristics, even if the intent is to enhance diversity. The article emphasizes that Title VII applies to all employees, regardless of their background, and there is no exception for discrimination motivated by diversity goals.
Key steps for employees include:
- Document the Incident: Keep detailed records of the discriminatory behavior, including dates, times, individuals involved, and any witnesses.
- Review Workplace Policies: Check the employer’s anti-discrimination policies and report the issue internally, following the company’s procedures.
- File a Charge with the EEOC: If the issue isn’t resolved internally, employees can file a charge of discrimination with the EEOC, typically within 180 days of the incident (or 300 days if a state or local agency enforces a similar law).
- Seek Legal Advice: Employees may consult with an attorney to understand their rights and options.
- Cooperate with Investigations: If the EEOC investigates, employees should provide relevant information to support the case.
The article also notes that retaliation for reporting discrimination is illegal under Title VII, and employees are protected when engaging in such activities. The EEOC encourages prompt action to ensure workplace fairness and compliance with federal law.