On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents intended to educate the public about unlawful discrimination related to diversity, equity and inclusion (DEI) in the workplace — “What You Should Know About DEI-Related Discrimination at Work ” and “What to Do If You Experience Discrimination Related to DEI at Work.” These guidance documents follow President Donald Trump’s executive orders issued earlier this year, which were aimed at DEI initiatives in the federal government and private sector.
As previously reported, in January 2025, President Trump issued executive orders 14151 and 14173, targeting what were referred to as “illegal” DEI initiatives. These orders didn’t change Title VII of the Civil Rights Act or any other existing federal law, yet employers were left with some uncertainty regarding what constitutes “illegal” DEI.
Now, the EEOC’s new technical assistance documents shed some light on the subject, addressing, among other things:
- The scope of Title VII;
- What employees can do if they believe they experienced DEI-related discrimination at work; and
- Most importantly, when a DEI initiative may be unlawful under Title VII.
According to the EEOC, an employer’s DEI initiative, policy, program or practice may be unlawful if it involves an employer taking an employment action motivated — in whole or in part — by race, sex or another protected characteristic. This includes decisions such as hiring, firing, promotions and demotions, fringe benefits, access to training, mentoring, sponsorship, workplace networks, internships, interview selection and work assignments.
Title VII also prohibits employers from “limiting, segregating, or classifying employees or applicants based on race, sex, or other protected characteristics in a way that affects their status or deprives them of employment opportunities,” according to the EEOC guidance. In the DEI context, “unlawful segregation can include limiting membership in workplace groups, such as Employee Resource Groups, Business Resource Groups, or other employee affinity groups, to certain protected groups.”
Additionally, separating workers into groups based on race, sex or another protected characteristic when administering DEI or any trainings, workplace programming or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources, may violate Title VII.
Furthermore, the EEOC clarified that employers can’t justify making employment decisions based on protected characteristics in the interest of diversity or equity as Title VII doesn’t contain any such exception.
The EEOC’s guidance isn’t news to employers — Title VII has long prohibited the types of programs and decisions described above. Nevertheless, the guidance did clear up some uncertainty created by the initial executive orders and provides some helpful examples. Employers with DEI initiatives should review the EEOC’s guidance and consult with legal counsel to ensure their programs comply with the law.
James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber
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