On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and Inclusion (“DEI”) in the context of workplace discrimination: “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI AT WORK.”

Background

On January 20, 2025, President Trump appointed Andrea Lucas to serve as Acting Chair of the EEOC. According to the EEOC, Acting Chair Lucas “prioritizes evenhanded enforcement of civil rights laws for all Americans, including by rooting out unlawful DEI-motivated race and sex discrimination.” Acting Chair Lucas’s priorities align with the current Administration’s rejection of “illegal DEI,” as set forth in several Executive Orders, notably Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

This technical guidance sheds light on what constitutes “illegal DEI” in the EEOC’s view in relation to Title VII of the Civil Rights Act of 1964.

What Conduct May Constitute Illegal “DEI”

The technical guidance starts by acknowledging that “DEI is a broad term that is not defined in Title VII.” It explains that initiatives, policies, programs, or practices “may be unlawful if [they] involve[]” taking employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The EEOC states that...

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