In March 2025, two technical guidance documents were released by the EEOC and DOJ that emphasize that Diversity, Equity, and Inclusion (DEI) initiatives must comply with Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, sex, or other protected characteristics. The DOJ and EEOC jointly issued a document, titled “What To Do If You Experience Discrimination Related to DEI at Work,” The second document, from the EEOC, “What You Should Know About DEI-Related Discrimination at Work,” [provides employers with more details about compliance, and uses a question-and-answer format. 

Key points for employers include:

• Equal Application of Title VII: The guidance clarifies that Title VII protects all workers, regardless of whether they belong to a minority or majority group. The EEOC stresses that there is no such thing as “reverse discrimination”; any form of discrimination is unlawful.
• Scrutiny of DEI Practices: DEI initiatives, such as hiring practices, training programs, or employee resource groups, may violate Title VII if they involve employment actions motivated by protected characteristics. For example, separating employees into groups based on race or sex during DEI training is prohibited.
• Prohibited Actions: Employers cannot use quotas, limit access to opportunities like mentoring or leadership programs, or restrict membership in workplace groups based on protected traits. Such actions could lead to claims of discrimination.
• Employee Rights: Employees who oppose DEI practices they believe to be discriminatory are protected from retaliation, provided their opposition is reasonable and fact-based.
• Employer Responsibilities: Employers are encouraged to review their DEI policies to ensure they align with Title VII standards and do not inadvertently create disparate treatment or exclusion.

This new EEOC and DOJ guidance underscores the importance of balancing diversity and inclusion goals with compliance to avoid legal risks. Some of the potential employer policies and practices that could violate Title VII of the Civil Rights Act, if improperly implemented under the guise of DEI, include:

1. Quotas or Balancing Workforce Composition: Policies that aim to achieve specific demographic quotas or balance workforce composition based on race, sex, or other protected characteristics are prohibited. Employment decisions must be merit-based and not influenced by protected traits.
2. Affinity Groups and Employee Resource Groups (ERGs): Limiting membership in workplace groups, such as affinity groups or ERGs, to specific protected groups (e.g., women-only or race-specific initiatives) can lead to discrimination claims. These groups must be inclusive and open to all employees,
3. Segregated DEI Training: Separating employees into groups based on protected characteristics during DEI training sessions—even if the content is identical—can be considered discriminatory.
4. Exclusion from Opportunities: Restricting access to mentorship programs, leadership development, or networking events based on protected traits is unlawful. All employees must have equal access to these opportunities.
5. Hostile Work Environment: DEI-related training or initiatives that create a hostile work environment, such as unwelcome remarks or conduct based on protected traits, may violate Title VII.

Employers should carefully review any DEI-related policies and practices to ensure compliance with Title VII mandates and the new EEOC guidance, to avoid practices that could unintentionally result in discrimination.