You may have heard the phrase “change is the only constant in life.” That quote seems especially appropriate in the world of employment law these days. For decades, employers had largely girded themselves against disparate treatment and disparate impact discrimination claims arising from employees belonging to the so-called “protected classes” such as racial or religious minorities. Many employers instituted diversity, equity, and inclusion policies, created DEI-focused positions, and enacted employee training programs as a means of attempting to stay ahead of claims that they fostered an insensitive or hostile workplace.
In 2025, the employment world was turned on its head when the president, through executive order, and many federal agencies, through policy changes, began targeting the very programs that employers had erected as a defense to discrimination and harassment claims. Since then, the federal government has marched steadily toward its goal. Recently, the EEOC issued its National Enforcement Plain Fiscal Years 2025–2029 and rescinded its prior Strategic Enforcement Plan Fiscal Years 2024–2028. The EEOC’s new guidance specifically notes its top enforcement priority is the elimination of DEI-related race and sex discrimination. The Commission has made it clear that it intends to target any program that promotes race or sex-based employment decisions regardless of the label affixed. DEI training conducted by employers is almost certainly near the top of the EEOC’s...
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