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Tuesday, April 22, 2025

EEOC & DOJ Issue Guidance to Workers on Discrimination Related to DEI Programs - Wiley Rein

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.”

The first document, issued jointly by the DOJ and EEOC, entitled What To Do If You Experience Discrimination Related to DEI at Work, encourages individuals to file charges of discrimination with the EEOC if they believe they have experienced DEI-related discrimination. The second document, issued solely by the EEOC and titled What You Should Know About DEI-Related Discrimination at Work, is an FAQ-style technical assistance document that generally explains how Title VII of the Civil Rights Act of 1964 (Title VII) applies to DEI-related discrimination according to the EEOC.

The documents align closely with policy positions and enforcement priorities announced in President Trump’s various DEI Executive Orders and suggest that the EEOC and its Acting Chair, Andrea Lucas (who was appointed to the Commission by President Trump in his first term and who was promoted to the position of Acting Chair by President Trump shortly after his recent inauguration), will continue to align the EEOC with the Trump Administration’s policies and views surrounding DEI.

The technical assistance documents acknowledge that DEI is a “broad term that is not defined” in Title VII of the Civil Rights Act of...



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