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EEOC and DOJ Issue Guidance on DEI-Related Workplace Discrimination – What Constitutes Illegal DEI?

In January 2025, President Trump signed executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. The executive orders did not change existing federal law but left employers with some uncertainty regarding what constitutes “illegal” DEI.

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice jointly released two documents outlining their stance on in the context of workplace discrimination. The documents clarify how the agencies interpret DEI-related practices under federal anti-discrimination laws and what constitutes “illegal DEI” under Title VII of the Civil Rights Act of 1964 (Title VII).

The EEOC affirmed that Title VII’s protections apply equally to all workers, not just those who are part of a “minority group.” The EEOC explicitly rejected the concept of “reverse discrimination,” stating that “there is only discrimination.”

When is a DEI initiative, policy, program, or practice unlawful under Title VII?

In its new guidance, the EEOC warns that initiatives, policies, programs, or practices may violate the law if they involve an employer taking an employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The guidance identifies several employment decisions where DEI initiatives could lead to unlawful discrimination, including:

  • Hiring and firing
  • Promotions and demotions
  • Compensation and fringe benefits
  • Interview selection, including inclusion or exclusion from candidate pools
  • Internships, fellowships, and summer associate programs
  • Job duties and responsibilities

Additionally, the EEOC warns that limiting access to certain opportunities based on protected characteristics may constitute discrimination. This includes:

  • Training programs, including leadership development initiatives
  • Mentorship, sponsorship, or workplace networking opportunities
  • Restricting membership in Employee Resource Groups or affinity groups to specific protected groups

The EEOC explained that unlawful limiting, segregating, or classifying workers related to DEI can arise when employers separate workers into groups based on race, sex, or another protected characteristic when administering DEI or any trainings, workplace programming, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.  

Instead, employers should provide “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” Employers also should ensure that “employees of all backgrounds . . . have equal access to workplace networks.”

Can an employer justify taking an employment action based on race, sex, or another protected characteristic because the employer has a business necessity or interest in “diversity,” including preferences or requests by the employer’s clients or customers?

No. The guidance emphasizes that employers cannot justify employment decisions based on race, sex, or other protected characteristics—even in pursuit of diversity, equity, or business objectives. This applies even if diversity-related initiatives are seen as operationally beneficial or reflect client or customer preferences. Basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination. 

What steps should employers take in light of this new guidance?

Employers should review and align their DEI policies, training programs, and decision-making frameworks with the latest guidance to ensure full compliance with federal anti-discrimination laws. This includes conducting a thorough review of existing policies, identifying potential areas of risk, and implementing necessary updates to mitigate legal exposure. Employers should also provide updated training for HR personnel and leadership to ensure consistent application of DEI initiatives within the bounds of the law.

Our attorneys can help employers navigate this new guidance while maintaining a commitment to fostering an inclusive workplace.

EEOC and DOJ Issue Guidance on DEI-Related Workplace Discrimination – What Constitutes Illegal DEI?

In January 2025, President Trump signed executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. The executive orders did not change existing federal law but left employers with some uncertainty regarding what constitutes “illegal” DEI.

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice jointly released two documents outlining their stance on in the context of workplace discrimination. The documents clarify how the agencies interpret DEI-related practices under federal anti-discrimination laws and what constitutes “illegal DEI” under Title VII of the Civil Rights Act of 1964 (Title VII).

The EEOC affirmed that Title VII’s protections apply equally to all workers, not just those who are part of a “minority group.” The EEOC explicitly rejected the concept of “reverse discrimination,” stating that “there is only discrimination.”

When is a DEI initiative, policy, program, or practice unlawful under Title VII?

In its new guidance, the EEOC warns that initiatives, policies, programs, or practices may violate the law if they involve an employer taking an employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The guidance identifies several employment decisions where DEI initiatives could lead to unlawful discrimination, including:

  • Hiring and firing
  • Promotions and demotions
  • Compensation and fringe benefits
  • Interview selection, including inclusion or exclusion from candidate pools
  • Internships, fellowships, and summer associate programs
  • Job duties and responsibilities

Additionally, the EEOC warns that limiting access to certain opportunities based on protected characteristics may constitute discrimination. This includes:

  • Training programs, including leadership development initiatives
  • Mentorship, sponsorship, or workplace networking opportunities
  • Restricting membership in Employee Resource Groups or affinity groups to specific protected groups

The EEOC explained that unlawful limiting, segregating, or classifying workers related to DEI can arise when employers separate workers into groups based on race, sex, or another protected characteristic when administering DEI or any trainings, workplace programming, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.  

Instead, employers should provide “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” Employers also should ensure that “employees of all backgrounds . . . have equal access to workplace networks.”

Can an employer justify taking an employment action based on race, sex, or another protected characteristic because the employer has a business necessity or interest in “diversity,” including preferences or requests by the employer’s clients or customers?

No. The guidance emphasizes that employers cannot justify employment decisions based on race, sex, or other protected characteristics—even in pursuit of diversity, equity, or business objectives. This applies even if diversity-related initiatives are seen as operationally beneficial or reflect client or customer preferences. Basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination. 

What steps should employers take in light of this new guidance?

Employers should review and align their DEI policies, training programs, and decision-making frameworks with the latest guidance to ensure full compliance with federal anti-discrimination laws. This includes conducting a thorough review of existing policies, identifying potential areas of risk, and implementing necessary updates to mitigate legal exposure. Employers should also provide updated training for HR personnel and leadership to ensure consistent application of DEI initiatives within the bounds of the law.

Our attorneys can help employers navigate this new guidance while maintaining a commitment to fostering an inclusive workplace.

EEOC and DOJ Issue Guidance on DEI-Related Workplace Discrimination – What Constitutes Illegal DEI?

In January 2025, President Trump signed executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. The executive orders did not change existing federal law but left employers with some uncertainty regarding what constitutes “illegal” DEI.

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice jointly released two documents outlining their stance on in the context of workplace discrimination. The documents clarify how the agencies interpret DEI-related practices under federal anti-discrimination laws and what constitutes “illegal DEI” under Title VII of the Civil Rights Act of 1964 (Title VII).

The EEOC affirmed that Title VII’s protections apply equally to all workers, not just those who are part of a “minority group.” The EEOC explicitly rejected the concept of “reverse discrimination,” stating that “there is only discrimination.”

When is a DEI initiative, policy, program, or practice unlawful under Title VII?

In its new guidance, the EEOC warns that initiatives, policies, programs, or practices may violate the law if they involve an employer taking an employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The guidance identifies several employment decisions where DEI initiatives could lead to unlawful discrimination, including:

  • Hiring and firing
  • Promotions and demotions
  • Compensation and fringe benefits
  • Interview selection, including inclusion or exclusion from candidate pools
  • Internships, fellowships, and summer associate programs
  • Job duties and responsibilities

Additionally, the EEOC warns that limiting access to certain opportunities based on protected characteristics may constitute discrimination. This includes:

  • Training programs, including leadership development initiatives
  • Mentorship, sponsorship, or workplace networking opportunities
  • Restricting membership in Employee Resource Groups or affinity groups to specific protected groups

The EEOC explained that unlawful limiting, segregating, or classifying workers related to DEI can arise when employers separate workers into groups based on race, sex, or another protected characteristic when administering DEI or any trainings, workplace programming, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.  

Instead, employers should provide “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” Employers also should ensure that “employees of all backgrounds . . . have equal access to workplace networks.”

Can an employer justify taking an employment action based on race, sex, or another protected characteristic because the employer has a business necessity or interest in “diversity,” including preferences or requests by the employer’s clients or customers?

No. The guidance emphasizes that employers cannot justify employment decisions based on race, sex, or other protected characteristics—even in pursuit of diversity, equity, or business objectives. This applies even if diversity-related initiatives are seen as operationally beneficial or reflect client or customer preferences. Basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination. 

What steps should employers take in light of this new guidance?

Employers should review and align their DEI policies, training programs, and decision-making frameworks with the latest guidance to ensure full compliance with federal anti-discrimination laws. This includes conducting a thorough review of existing policies, identifying potential areas of risk, and implementing necessary updates to mitigate legal exposure. Employers should also provide updated training for HR personnel and leadership to ensure consistent application of DEI initiatives within the bounds of the law.

Our attorneys can help employers navigate this new guidance while maintaining a commitment to fostering an inclusive workplace.

EEOC and DOJ Issue Guidance on DEI-Related Workplace Discrimination – What Constitutes Illegal DEI?

In January 2025, President Trump signed executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. The executive orders did not change existing federal law but left employers with some uncertainty regarding what constitutes “illegal” DEI.

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice jointly released two documents outlining their stance on in the context of workplace discrimination. The documents clarify how the agencies interpret DEI-related practices under federal anti-discrimination laws and what constitutes “illegal DEI” under Title VII of the Civil Rights Act of 1964 (Title VII).

The EEOC affirmed that Title VII’s protections apply equally to all workers, not just those who are part of a “minority group.” The EEOC explicitly rejected the concept of “reverse discrimination,” stating that “there is only discrimination.”

When is a DEI initiative, policy, program, or practice unlawful under Title VII?

In its new guidance, the EEOC warns that initiatives, policies, programs, or practices may violate the law if they involve an employer taking an employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The guidance identifies several employment decisions where DEI initiatives could lead to unlawful discrimination, including:

  • Hiring and firing
  • Promotions and demotions
  • Compensation and fringe benefits
  • Interview selection, including inclusion or exclusion from candidate pools
  • Internships, fellowships, and summer associate programs
  • Job duties and responsibilities

Additionally, the EEOC warns that limiting access to certain opportunities based on protected characteristics may constitute discrimination. This includes:

  • Training programs, including leadership development initiatives
  • Mentorship, sponsorship, or workplace networking opportunities
  • Restricting membership in Employee Resource Groups or affinity groups to specific protected groups

The EEOC explained that unlawful limiting, segregating, or classifying workers related to DEI can arise when employers separate workers into groups based on race, sex, or another protected characteristic when administering DEI or any trainings, workplace programming, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.  

Instead, employers should provide “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” Employers also should ensure that “employees of all backgrounds . . . have equal access to workplace networks.”

Can an employer justify taking an employment action based on race, sex, or another protected characteristic because the employer has a business necessity or interest in “diversity,” including preferences or requests by the employer’s clients or customers?

No. The guidance emphasizes that employers cannot justify employment decisions based on race, sex, or other protected characteristics—even in pursuit of diversity, equity, or business objectives. This applies even if diversity-related initiatives are seen as operationally beneficial or reflect client or customer preferences. Basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination. 

What steps should employers take in light of this new guidance?

Employers should review and align their DEI policies, training programs, and decision-making frameworks with the latest guidance to ensure full compliance with federal anti-discrimination laws. This includes conducting a thorough review of existing policies, identifying potential areas of risk, and implementing necessary updates to mitigate legal exposure. Employers should also provide updated training for HR personnel and leadership to ensure consistent application of DEI initiatives within the bounds of the law.

Our attorneys can help employers navigate this new guidance while maintaining a commitment to fostering an inclusive workplace.

EEOC and DOJ Issue Guidance on DEI-Related Workplace Discrimination – What Constitutes Illegal DEI?

In January 2025, President Trump signed executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. The executive orders did not change existing federal law but left employers with some uncertainty regarding what constitutes “illegal” DEI.

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice jointly released two documents outlining their stance on in the context of workplace discrimination. The documents clarify how the agencies interpret DEI-related practices under federal anti-discrimination laws and what constitutes “illegal DEI” under Title VII of the Civil Rights Act of 1964 (Title VII).

The EEOC affirmed that Title VII’s protections apply equally to all workers, not just those who are part of a “minority group.” The EEOC explicitly rejected the concept of “reverse discrimination,” stating that “there is only discrimination.”

When is a DEI initiative, policy, program, or practice unlawful under Title VII?

In its new guidance, the EEOC warns that initiatives, policies, programs, or practices may violate the law if they involve an employer taking an employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The guidance identifies several employment decisions where DEI initiatives could lead to unlawful discrimination, including:

  • Hiring and firing
  • Promotions and demotions
  • Compensation and fringe benefits
  • Interview selection, including inclusion or exclusion from candidate pools
  • Internships, fellowships, and summer associate programs
  • Job duties and responsibilities

Additionally, the EEOC warns that limiting access to certain opportunities based on protected characteristics may constitute discrimination. This includes:

  • Training programs, including leadership development initiatives
  • Mentorship, sponsorship, or workplace networking opportunities
  • Restricting membership in Employee Resource Groups or affinity groups to specific protected groups

The EEOC explained that unlawful limiting, segregating, or classifying workers related to DEI can arise when employers separate workers into groups based on race, sex, or another protected characteristic when administering DEI or any trainings, workplace programming, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.  

Instead, employers should provide “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” Employers also should ensure that “employees of all backgrounds . . . have equal access to workplace networks.”

Can an employer justify taking an employment action based on race, sex, or another protected characteristic because the employer has a business necessity or interest in “diversity,” including preferences or requests by the employer’s clients or customers?

No. The guidance emphasizes that employers cannot justify employment decisions based on race, sex, or other protected characteristics—even in pursuit of diversity, equity, or business objectives. This applies even if diversity-related initiatives are seen as operationally beneficial or reflect client or customer preferences. Basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination. 

What steps should employers take in light of this new guidance?

Employers should review and align their DEI policies, training programs, and decision-making frameworks with the latest guidance to ensure full compliance with federal anti-discrimination laws. This includes conducting a thorough review of existing policies, identifying potential areas of risk, and implementing necessary updates to mitigate legal exposure. Employers should also provide updated training for HR personnel and leadership to ensure consistent application of DEI initiatives within the bounds of the law.

Our attorneys can help employers navigate this new guidance while maintaining a commitment to fostering an inclusive workplace.

EEOC and DOJ Issue Guidance on DEI-Related Workplace Discrimination – What Constitutes Illegal DEI?

In January 2025, President Trump signed executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. The executive orders did not change existing federal law but left employers with some uncertainty regarding what constitutes “illegal” DEI.

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice jointly released two documents outlining their stance on in the context of workplace discrimination. The documents clarify how the agencies interpret DEI-related practices under federal anti-discrimination laws and what constitutes “illegal DEI” under Title VII of the Civil Rights Act of 1964 (Title VII).

The EEOC affirmed that Title VII’s protections apply equally to all workers, not just those who are part of a “minority group.” The EEOC explicitly rejected the concept of “reverse discrimination,” stating that “there is only discrimination.”

When is a DEI initiative, policy, program, or practice unlawful under Title VII?

In its new guidance, the EEOC warns that initiatives, policies, programs, or practices may violate the law if they involve an employer taking an employment action “motivated—in whole or part—by race, sex, or another protected characteristic.” The guidance identifies several employment decisions where DEI initiatives could lead to unlawful discrimination, including:

  • Hiring and firing
  • Promotions and demotions
  • Compensation and fringe benefits
  • Interview selection, including inclusion or exclusion from candidate pools
  • Internships, fellowships, and summer associate programs
  • Job duties and responsibilities

Additionally, the EEOC warns that limiting access to certain opportunities based on protected characteristics may constitute discrimination. This includes:

  • Training programs, including leadership development initiatives
  • Mentorship, sponsorship, or workplace networking opportunities
  • Restricting membership in Employee Resource Groups or affinity groups to specific protected groups

The EEOC explained that unlawful limiting, segregating, or classifying workers related to DEI can arise when employers separate workers into groups based on race, sex, or another protected characteristic when administering DEI or any trainings, workplace programming, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.  

Instead, employers should provide “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” Employers also should ensure that “employees of all backgrounds . . . have equal access to workplace networks.”

Can an employer justify taking an employment action based on race, sex, or another protected characteristic because the employer has a business necessity or interest in “diversity,” including preferences or requests by the employer’s clients or customers?

No. The guidance emphasizes that employers cannot justify employment decisions based on race, sex, or other protected characteristics—even in pursuit of diversity, equity, or business objectives. This applies even if diversity-related initiatives are seen as operationally beneficial or reflect client or customer preferences. Basing employment decisions on the racial preferences of clients, customers, or coworkers constitutes intentional race discrimination. 

What steps should employers take in light of this new guidance?

Employers should review and align their DEI policies, training programs, and decision-making frameworks with the latest guidance to ensure full compliance with federal anti-discrimination laws. This includes conducting a thorough review of existing policies, identifying potential areas of risk, and implementing necessary updates to mitigate legal exposure. Employers should also provide updated training for HR personnel and leadership to ensure consistent application of DEI initiatives within the bounds of the law.

Our attorneys can help employers navigate this new guidance while maintaining a commitment to fostering an inclusive workplace.