By Jamila M. Brinson, Dawn S. Holiday, and Ariel Perez
Following multiple executive orders from President Donald Trump concerning Diversity, Equity, and Inclusion (DEI), employers have been eagerly awaiting agency guidance to clarify the scope and implications of what is considered “illegal DEI” in the workplace.
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued two technical assistance documents: “What to Do If You Experience Discrimination Related to DEI at Work[1]“ and “What You Should Know About DEI-Related Discrimination at Work.”[2] These documents are designed “[t]o help educate the public about how well-established civil rights rules apply to employment policies, programs, and practices—including those labeled or framed as ‘DEI.’”[3]
EEOC Acting Chair Andrea Lucas has taken the position that “far too many employers defend certain types of race or sex preferences as good, provided they are motivated by business interests in ‘diversity, equity, or inclusion.’ But no matter an employer’s motive, there is no ‘good,’ or even acceptable, race or sex discrimination.”
This article offers an overview of the guidance, highlighting key points and actionable steps for employers concerning compliance.
The one-page guidance document, jointly issued by the EEOC and DOJ, advises employees on “What To Do If You Experience Discrimination Related to DEI at...
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