Workplace Compliance News & Resources

Who:

• All employers

When: Effective immediately

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two technical assistance documents regarding unlawful discrimination related to diversity, equity, and inclusion (DEI) in the workplace. The guidelines are based on Title VII of the Civil Rights Act of 1964, existing EEOC policy guidance, technical assistance documents, and Supreme Court precedent. The purpose of the technical documents is to help employees know their rights and help employers understand how to avoid unlawful DEI-related discrimination.

The EEOC and DOJ co-published a one-page document titled “What to Do If You Experience Discrimination Related to DEI at Work.” The EEOC published a longer FAQ titled “What You Should Know About DEI-Related Discrimination at Work.” It provides examples of what the agencies view as potential actionable discrimination and says an action may be unlawful under Title VII of “an employment action motivated—in whole or in part—by an employee’s race, sex, or another protected characteristic.”

The technical guidance states that:

• Title VII protections apply equally to all workers, including employees, applicants, interns, and those participating in DEI programs.
• There is no “reverse discrimination.” Title VII’s protections apply to individuals who are part of a “minority group” and those who are part of a “majority group.
• There is no “business necessity” exception for DEI programs. “No general business interests in diversity and equity have ever been found by the Supreme Court or the EEOC to be sufficient to allow race-motivated employment actions.”

How:

• Evaluate your DEI programs and practices to ensure you meet the EEOC requirements, including hiring policies, promotion policies, and policies limiting speech or expression.
• Evaluate how DEI programs apply to interns and mentors, AI evaluation tools, and employee training programs.
• Train managers and HR personnel on compliant practices.
• Consult with legal counsel to review all DEI material and programs for compliance.

Additional Resources:

Title VII of the Civil Rights Act of 1964

What To Do If You Experience Discrimination Related to DEI at Work

What You Should Know About DEI-Related Discrimination at Work

Who: Federal contractors, subcontractors, grant recipients, and private employers

When: Effective immediately

On February 21, 2025, a federal district court issued a preliminary nationwide injunction that temporarily blocked enforcement of the Ending Radical and Wasteful Government DEI Programs and Preferencing Executive Order 14151 and Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order 14173. The court claimed that EO 14173 unlawfully targets the expression of views supportive of DEI and violates the First and Fifth Amendments of the U.S. Constitution.

On March 14, 2025, a three-judge panel of the Fourth Circuit Court of Appeals issued a stay of the preliminary injunction; each judge provided a separate opinion. The ruling reinstates EO 14151 and EO 14173. The executive orders are limited in scope and apply only to conduct that violates existing federal anti-discrimination laws.

As it relates to DEI programs, federal agencies can continue to terminate contracts, require certifications, conduct compliance investigations, and terminate equity-related grants or contracts during an appellate review. The preliminary injunction will remain pending and undergo an appellate review.

How:

• Continue to monitor for additional legal challenges to the Executive Orders.

Additional Resources:

Executive Order 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity (January 21, 2025)

Executive Order 14151 Ending Radical and Wasteful Government DEI Programs and Preferencing (January 21, 2025)