The following article was first posted in the Insights section of Harris Beach Murtha’s website. It is reposted here with permission.
In a guidance memo recently issued to all federal agencies, Attorney General Pamela Bondi clarified what the U.S. Department of Justice considers “unlawful” DEI, as referenced in the joint guidance the agency and the Equal Employment Opportunity Commission issued on March 19, 2025.
While the July 29, 2025, guidance memo and joint guidance set forth non-binding suggestions, the documents provide key insights on how the federal government will analyze diversity practices adopted by employers receiving federal funding.
In a prior alert titled, New EEOC Guidance Advises on Acceptable Workplace DEI Practices, we discussed the background on “unlawful” DEI, including Executive Order 14173, workplace anti-discrimination laws, the joint guidance, guidance documents issued by the EEOC on What To Do If You Experience Discrimination Related to DEI at Work, and What You Should Know About DEI-Related Discrimination at Work, and provided helpful FAQs for employers.
As a reminder, Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on employees’ race, color, national origin, sex and/or religion.
Title VII is similar to many states’ own workplace anti-discrimination laws, including the New York State and New York City Human Rights Laws, the Massachusetts Law Against Discrimination, and the Connecticut Fair Employment Practices...
As organizations navigate the evolving DEI landscape under Executive Order 14173, the stakes have never been higher. Because federal-funding recipients must now certify that they do not engage in “...