The Equal Employment Opportunity Commission and the Department of Justice released guidelines on Wednesday informing the public of how diversity, equity, and inclusion, or DEI, initiatives can lead to unlawful discrimination in the workplace.
Over the past half century, efforts to correct past racial injustices in hiring have been folded into human resources departments in companies nationwide. Since the George Floyd riots of 2020, whole departments arose focused solely on DEI, with roles increasing 55% that summer, according to the Society for Human Resource Management.
To help employers and employees determine the difference between protections granted under Title VII of the Civil Rights Act of 1964 and those actions that may be unlawful, the agencies have offered official guidance.
DOJ has released the one-page “What To Do If You Experience Discrimination Related to DEI at Work” technical document to inform the public on how to navigate workplace grievances under the new administration. The EEOC released a longer question-and-answer technical assistance document, “What You Should Know About DEI-Related Discrimination at Work.”
“Far too many employers defend certain types of race or sex preferences as good, provided they are motivated by business interests in ‘diversity, equity, or inclusion.’ But no matter an employer’s motive, there is no ‘good,’ or even acceptable, race or sex discrimination,” said Andrea Lucas, EEOC acting chair. “In the words of Justice Clarence Thomas in his concurrence in Students for Fair Admissions, ‘two discriminatory wrongs cannot make a right.’”
President Donald Trump has vowed to end DEI practices in federal hiring and has encourage businesses and universities to do likewise.
“Every man and woman should have the opportunity to go as far as their hard work, individual initiative, and competence can take them. In America, excellence, grit, and determination is our strength,” the White House said in a statement.
“The Department of Justice is committed to ending illegal DEI initiatives, policies, and programs,” said deputy Attorney General Todd Blanche. “The technical assistance document provides clear information for employees on how to act should they experience unlawful discrimination based on DEI practices.”
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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