On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC), in collaboration with the U.S. Department of Justice (DOJ), issued a press release urging employers to be cautious about the risk of discrimination stemming from diversity, equity, and inclusion (DEI) programs. Specifically, the EEOC and DOJ cautioned that such initiatives “may be unlawful if they involve an employer or other covered entity taking an employment action motivated – in whole or in part – by an employee’s or applicant’s race, sex, or another characteristic.” The press release also included new EEOC guidance regarding DEI-related discrimination in the workplace, which comprises: (i) a one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work” (the “Guidance”); and (ii) a longer set of frequently asked questions titled “What You Should Know About DEI-Related Discrimination at Work” (the “FAQs”). These documents reflect a significant shift in the EEOC’s approach compared to the Biden-era enforcement priorities, signaling a stronger push against corporate DEI initiatives. This article breaks down the key points from the Guidance and the FAQs and suggests how employers can take action to stay compliant.
Key Insights from the Guidance
The Guidance presents the EEOC’s view on employer DEI programs, emphasizing how such initiatives could violate Title VII of the Civil Rights Act of 1964, which protects “employees, potential and actual applicants, interns, and training program participants.” While the Guidance notes that the term “DEI” is undefined, it warns that DEI efforts “may be unlawful if they involve an employer or other covered entity taking an employment action motivated – in whole or in part – by an employee’s race, sex, or other protected characteristic.”
The document provides a non-exhaustive list of actions that could constitute “DEI-related discrimination,” including:
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Implementing “quotas” or attempting to “balance” a workforce by race, sex, or other protected traits;
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Excluding individuals from training, fellowships, mentoring, or sponsorship programs based on their protected characteristics;
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Selecting candidates for interviews, including placement on candidate slates, based on their protected characteristics;
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Limiting membership in workplace groups, such as employee resource groups (ERGs), to certain protected groups; and
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Separating employees into groups based on protected characteristics when “administering DEI or other trainings, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.”
The Guidance further notes that “DEI training” could give rise to a “colorable hostile work environment claim” and advises employers that “reasonable opposition to a DEI training” might constitute protected activity if the employee can present a “fact-specific basis” showing that the training violates Title VII.
Key Insights from the FAQs
The FAQs, like the Guidance, aim to clarify what constitutes “DEI-related discrimination” and offer more specific examples. The FAQs begin by affirming that Title VII protects all workers, not just those from minority groups. They provide guidance on how employees can file a charge of discrimination if they experience DEI-related discrimination.
The FAQs also stress that the EEOC does not require a higher standard of proof for “reverse discrimination” claims—claims where a majority group is allegedly discriminated against. The EEOC maintains that “there is no such thing as ‘reverse’ discrimination, there is only discrimination.”
Although the FAQs, like the Guidance, do not define “DEI,” they provide examples of “DEI initiatives, policies, programs or practices” that could be unlawful under Title VII. These include discriminatory actions in:
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Hiring, firing, promotion, demotion, compensation, fringe benefits, job duties, and/or work assignments;
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Access to or exclusion from training, including leadership development programs;
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Access to mentoring, sponsorship, or workplace networking;
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Internships, including those labeled as “fellowships” or “summer associate” programs;
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Selection for interviews, including placement or exclusion from a candidate “slate” or pool.
The FAQs further clarify that actions which limit, segregate, or classify employees based on their protected characteristics—such as restricting ERG membership to certain protected groups—may also violate Title VII. They stress that employers cannot justify such actions by citing business necessity, “an interest in diversity,” or customer, client, or coworker preferences.
Additionally, the FAQs discuss DEI training and its potential to create a hostile work environment if it is “discriminatory in content, application, or context.” If the training is discriminatory in “design, content, or execution,” it could lead to a claim for workplace harassment. While the FAQs do not provide specific examples of DEI training content that could violate Title VII, they include a footnote mentioning that “unconscious bias training” might raise concerns. Finally, the FAQs echo the Guidance by confirming that opposing unlawful DEI training could be seen as “protected activity,” potentially leading to retaliation claims.
What Should Employers Do Now?
The new EEOC Guidance and FAQs represent a dramatic shift from prior enforcement practices, raising new compliance challenges for employers. Although the documents leave certain questions unanswered—such as the precise meaning of “DEI” and the exact actions that could violate Title VII—the message is clear: the EEOC will no longer tolerate most DEI efforts in the workplace.
To comply with the EEOC’s new direction, employers should review their DEI programs, training sessions, and employee group policies and consider making the following changes:
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Ensure that programs, fellowships, mentorships, and networking opportunities are available to all employees or applicants, without regard to their protected characteristics;
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Eliminate diversity requirements for interview slates or candidate selection;
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Ensure that ERGs or similar groups are open to all employees, regardless of their protected characteristics;
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Review DEI training to ensure it does not promote unconscious bias or other potentially discriminatory principles.
Employers should act quickly to assess their DEI initiatives and ensure compliance with the EEOC’s updated enforcement priorities. We will continue to monitor the EEOC’s evolving stance on DEI and provide updates as new information becomes available. Our Washington DC attorneys are here to aid in maneuvering through these changing times.