The Fine Line

EEOC issues guidance on DEI-related workplace discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance pertaining to an evolving area: discrimination related to diversity, equity, and inclusion (DEI) programs. These publications – “What to Do if You Experience Discrimination Related to DEI at Work” and “What You Should Know About DEI-Related Discrimination at Work” – outline the EEOC’s position on DEI under the current administration.

The EEOC clarified that disparate treatment based on race, sex, or another protected characteristic, even under the banner of promoting DEI, may constitute unlawful discrimination. For example, denying a promotion to a qualified employee because they are not a member of a minority group would be legally suspect. Separately, “opposition to a DEI training may constitute protected activity if the employee provides a fact-specific basis for his or her belief that the training violates Title VII.”

In light of these developments, employers should re-examine any DEI programs or initiatives for compliance and ensure that managers are aware of and are implementing any company-approved policy changes.

We’re here to help you navigate these updates and adjust your policies with confidence. Contact us today at 248.477.6300.