What happened?

On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) published two guides on Diversity, Equity, and Inclusion (DEI). This article focuses on the DOJ Technical Sheet.

Overview:

DOJ Partnering with EEOC on DEI Eradication and Enforcement: The EEOC and DOJ have jointly issued an information sheet for employees, explaining what illegal DEI practices look like and what actions to take if they encounter such practices in their workplaces.

Summary of the DOJ Enforcement Technical Sheet:

• Title VII Protections: Title VII prohibits employment discrimination based on race, sex, and other protected characteristics.

• Filing a Charge: Before suing in federal court, a charge must be filed with the EEOC. The EEOC investigates and can file lawsuits against private sector employers. The DOJ can also file lawsuits against state and local government employers based on EEOC charges.

• DEI-Related Discrimination: DEI policies may be unlawful if motivated by race, sex, or other protected characteristics.

• Examples of Discrimination: Examples include disparate treatment in employment terms, limiting membership in workplace groups, and segregating employees in DEI training.

• Harassment and Retaliation: Harassment is illegal if it creates a hostile work environment, and retaliation is prohibited against individuals engaging in protected activities.

• Affected Individuals: Employees, applicants, interns, and training program participants.

• Steps to Take: Contact the EEOC promptly if you suspect DEI-related discrimination.

Source References

• DOJ and EEOC – What to do if you experience Discrimination Related to DEI at Work
• DOJ Press Release
• DOJ and EEOC Guide – What To Do If You Experience Discrimination Related to DEI at Work

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