The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have released documents aimed at educating the public about unlawful discrimination related to diversity, equity, and inclusion (DEI) in the workplace. DEI is not defined under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, sex, and other protected characteristics.
Despite the increasing prevalence of DEI policies in businesses, universities, and cultural institutions over the past five years, these initiatives must still comply with existing legal prohibitions against using race or sex as factors in employment decisions.
To clarify how civil rights rules apply to DEI-labeled employment practices, the EEOC and DOJ issued a joint one-page document titled "What To Do If You Experience Discrimination Related to DEI at Work." Additionally, the EEOC released a detailed question-and-answer document named "What You Should Know About DEI-Related Discrimination at Work," both grounded in Title VII and Supreme Court precedent.
EEOC Acting Chair Andrea Lucas remarked that many employers justify certain race or sex preferences by citing business interests in diversity or inclusion. However, she stressed that there is no acceptable form of race or sex discrimination. Quoting Justice Clarence Thomas from his concurrence in Students for Fair Admissions: "two discriminatory wrongs cannot make a right."
Lucas highlighted that while there might be confusion regarding applicable rules for DEI programs among the public, legal guidelines remain clear. The released documents aim to inform employees about their rights and guide employers in avoiding unlawful DEI-related discrimination.
Deputy Attorney General Todd Blanche affirmed the DOJ's commitment to ending illegal DEI initiatives. He stated that their technical assistance document offers clear guidance for employees encountering unlawful discrimination due to DEI practices.