The following article was provided by Berchem Moses PC. It is posted here with permission.
Since the Trump Administration came back into power, there has been a lot of talk about the lawfulness of diversity, equity, and inclusion policies in the workplace.
The Biden administration pushed hard for DEI in the workplace. The Trump Administration is also pushing hard—pushing hard against DEI in the workplace—going as far as calling DEI policies potentially unlawful.
This has left employers dazed and confused. Well, recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice sets out to clarify the confusion.
On March 19, 2025, two technical assistance documents were released by the EEOC and the DOJ to “help educate the public about how well-established civil rights rules apply to employment policies, programs, and practices—including those labeled or framed as ‘DEI.'”
A statement titled EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination announced the release of these two documents, noting that both are “based on Title VII, existing EEOC policy guidance, and technical assistance documents and Supreme Court precedent.”
Based on the guidance, under Title VII, DEI procedures, programs, rules, or policies, can be unlawful if employment actions taken are motivated-in whole or in part-by race, sex, or other protected characteristics.
Some employment practices the guidance identified as potential...
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