EEOC, DOJ Release Guidance on DEI Compliance

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released guidance clarifying the legal boundaries of diversity, equity, and inclusion (DEI) initiatives in the workplace. The documents emphasize that while DEI programs can foster diverse workplaces, they must comply with federal anti-discrimination laws, particularly Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on protected characteristics. Employers are warned that policies favoring certain groups over others could violate these laws, and there is no legal justification for such practices under the guise of promoting diversity. Additionally, the guidance reiterates that Title VII's protections extend to all individuals, not just those from underrepresented groups. This clarification comes amid ongoing questions about the legality of DEI practices, especially following executive orders from the previous administration aimed at penalizing so-called 'illegal DEI' policies. The EEOC's guidance aims to provide a clearer understanding of lawful DEI efforts while ensuring compliance with established civil rights rules.