EEOC Issues Guidance on DEI-Related Workplace Discrimination Following Recent Executive Orders
On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) released two new technical assistance documents aimed at helping employers and employees understand how diversity, equity, and inclusion (DEI) efforts intersect with federal anti-discrimination laws. The publications — “What You Should Know About DEI-Related Discrimination at Work ” and “What to Do If You Experience Discrimination Related to DEI at Work ”— offer practical guidance and clarifications in light of recent federal actions targeting DEI programs.
These EEOC releases come in the wake of President Donald Trump’s January 2025 executive orders (EO 14151 and EO 14173 ), which characterized certain DEI initiatives as “illegal” within both the federal government and private sector. While these executive orders did not amend Title VII of the Civil Rights Act or other existing laws, they have contributed to uncertainty among employers seeking to navigate the evolving legal landscape.
The EEOC’s guidance helps clarify this landscape by outlining key points, including:
- The scope of Title VII protections in the DEI context;
- Employee recourse if they believe they have experienced discrimination related to DEI initiatives; and
- When a DEI initiative may violate Title VII.
Key Takeaways for Employers
According to the EEOC, DEI initiatives may run afoul of Title VII if they involve employment actions that are motivated — even in part — by protected characteristics such as race, sex, or national origin. This includes decisions related to:
- Hiring and firing
- Promotions and demotions
- Compensation and fringe benefits
- Access to training, mentorship, and sponsorship
- Participation in workplace networks or affinity groups
- Internship opportunities, interview selection, and work assignments
The EEOC further emphasized that Title VII prohibits limiting, segregating, or classifying employees or applicants based on protected characteristics in a way that harms their employment status or opportunities. For example, restricting membership in Employee Resource Groups (ERGs), Business Resource Groups (BRGs), or similar affinity groups to individuals of a particular race or sex may be considered unlawful.
Importantly, even separating employees into groups for DEI trainings or programming — regardless of whether all groups receive the same content or resources — may violate Title VII if the separation is based on protected characteristics.
Additionally, the EEOC reaffirmed that an employer cannot defend employment decisions based on protected traits by citing diversity or equity goals. Title VII does not include exceptions for such motivations.
What This Means for Employers
While these principles are not necessarily new — Title VII has long prohibited employment decisions based on protected characteristics — the EEOC’s guidance offers helpful examples and aims to clear up confusion stemming from the recent executive orders.
Employers with DEI policies or programs should carefully review the EEOC’s guidance and consult legal counsel to ensure compliance. Now more than ever, it is essential to structure DEI initiatives in a way that advances inclusion without inadvertently violating federal anti-discrimination laws.
If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at (818) 508-3700 or visit us online at www.brgslaw.com .
Sincerely,