A Word of Caution

On February 26, 2026, U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas sent a letter to the CEOs, general counsel, and board chairs of Fortune 500 companies reminding them of their companies’ obligations under Title VII of the Civil Rights Act – including how those obligations apply to workplace diversity, equity, and inclusion (DEI) initiatives.

In the letter, Ms. Lucas asserted that “the widespread adoption of DEI in the Fortune 500 and elsewhere in our country does not change longstanding legal prohibitions against the use of race, sex, and other protected characteristics in employment.” The letter also reiterated that the EEOC remains prepared to use its enforcement authority – including investigations and litigation – when necessary. In a subsequent press release, Ms. Lucas stated: “Protecting workers begins with preventing discrimination. The EEOC is committed to helping businesses comply with the law. Hiring workers based on their merit, excellence, and character — not skin color or sex — is the right thing to do and benefits employers and employees alike.”

Employers should review DEI-related policies, programs, and employment practices to ensure they comply with federal anti-discrimination laws.

Every workplace is different, and these issues are often nuanced. If you’d like to talk through how this guidance may relate to your policies or programs, our team is here to help. Call us at 248.477.6300.