Peter A. Steinmeyer, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Chicago office, contributed to the Labor & Employment section of Practical Law The Journal’s GC Agenda: May 2025. (Read the full version – subscription required.)
Following is an excerpt:
A round-up of major horizon issues for general counsel. …
Labor & Employment
Scrutiny of Workplace DEI Initiatives
Employers should anticipate greater federal agency scrutiny of DEI initiatives and monitor agency guidance for new legal interpretations and enforcement priorities.
The EEOC and Department of Justice issued technical assistance materials warning that DEI initiatives may be unlawful if they spur employment actions motivated in any part by race, sex, or other protected characteristics. While this guidance is not binding law, employers should expect the EEOC to investigate whether employees’ protected characteristics motivate, even as a plus factor, employment decisions, such as whom employers hire, retain, promote, assign work, or provide training, mentoring, networking, and sponsorship opportunities.
Based on the recent federal agency guidance and anticipated scrutiny of DEI initiatives, employers should:
- Understand that Title VII of the Civil Rights Act of 1964 (Title VII) and other applicable antidiscrimination laws prohibit discrimination against applicants and employees based on protected characteristics, regardless of whether the victims’...
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