U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a high-profile reminder letter Feb. 26 to CEOs, general counsel, and board chairs of Fortune 500 companies underscoring that civil rights laws fully apply to diversity, equity, and inclusion (DEI) initiatives. The message is clear: DEI programs do not exist outside the protections and prohibitions of Title VII of the Civil Rights Act of 1964.
“I urge Corporate America to reject identity politics as its solution to society’s ills,” Chair Lucas wrote in the letter. “The only lawful way to stop discrimination on the basis of race or sex, is to stop discriminating on the basis of race or sex.” Employers cannot label a policy as a “DEI initiative” and treat it as exempt from longstanding civil rights protections, she suggested.
The letter was distributed to leaders of the nation’s largest employers — organizations with broad influence over U.S. workplaces — to reinforce both their legal obligations and operational risks related to DEI. In her communication, Lucas emphasized that the EEOC continues to support employers through education and compliance assistance; however, the agency will hold organizations accountable when their programs violate federal civil rights statutes.
A central point of the reminder is that employers must avoid differential treatment of employees based on protected characteristics, even when the intent is to promote diversity or reduce inequity. Lucas reminded recipients that...
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