The Trump Administration’s recent targeting of “diversity, equity, and inclusion” (DEI) initiatives in the workplace has left many employers both in the public and private sectors with uncertainty and unease regarding the scope of executive orders prohibiting “illegal DEI” and how they impact their diversity programming. Although the term “illegal DEI” has been discussed at length by the Trump Administration, it had remained undefined until March 19, 2025. On that date, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) jointly released guidance on how DEI initiatives can constitute unlawful discrimination under Title VII and the protections and recourse available to employees. The EEOC and DOJ released a joint one-page technical assistance document titled “What to Do If You Experience Discrimination Related to DEI at Work.” The EEOC also released a longer question-and-answer technical assistance document – “What You Should Know About DEI-Related Discrimination at Work.” These guidance documents are aimed at helping employees know their rights and helping employers take action to avoid conduct that is now considered unlawful DEI-related discrimination by those agencies responsible for enforcing anti-discrimination legislation.

The guidance first acknowledges that DEI is a broad term that is not defined by statute, but states that DEI policies, programs or practices may be unlawful under Title VII – the federal law that...

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