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Tuesday, April 22, 2025

EEOC Answers Questions About What Constitutes Illegal DEI Programs - Ogletree Deakins

Quick Hits

  • The EEOC recently issued two documents to clarify what the Trump administration considers to be illegal DEI programs.
  • According to these documents, discrimination may occur if race, sex, or another protected characteristic is just one deciding factor, not the sole deciding factor, in an employment decision.
  • The guidance suggests employers should open all training and mentoring programs to all demographic groups.
  • The guidance confirms that employee resource groups or affinity groups may be unlawful if they are not open to everyone.

On March 19, 2025, the EEOC released a technical assistance document called “What You Should Know About DEI-Related Discrimination at Work.” With the U.S. Department of Justice (DOJ), the EEOC also released a one-page document called “What To Do If You Experience Discrimination Related to DEI at Work.” These documents were issued on the heels of Executive Orders 14151 and 14173, aimed at “illegal” DEI initiatives in the federal government and private employment.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination and harassment based on race, color, sex, national origin, and religion, among other protected characteristics not listed in the technical assistance documents. In a Q&A format, the EEOC stated that an employer’s DEI policy, program, or practice may be unlawful under Title VII if it involves “taking an employment action motivated—in whole or in part—by race, sex, or another protected...



Read Full Story: https://news.google.com/rss/articles/CBMiugFBVV95cUxOSnRsYVdfQkZ3SlJra1QwVkNR...