Press Release: “EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued a strong warning to employers: diversity, equity, and inclusion (DEI) programs that rely on race, sex, or other protected traits when making employment decisions can violate Title VII of the Civil Rights Act.

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The agencies released two key resources: a one-page guide for employees titled “What To Do If You Experience Discrimination Related to DEI at Work,” and a detailed Q&A outlining how some DEI practices—like hiring quotas or exclusive mentorship programs—can cross legal lines. Acting EEOC Chair Andrea Lucas emphasized that although DEI efforts are often well-intentioned, they must not involve disparate treatment based on protected characteristics.

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The EEOC also sent letters to 20 major law firms, asking for detailed information on their DEI-related hiring and promotion practices. This reflects a broader shift under the Trump administration to limit race-based and sex-based preferences in the workplace, following recent Supreme Court decisions.

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Horizon Employment Law’s workplace investigations often involve employee claims of discrimination and harassment centered on organizations’ DEI policies. Employees want to know that employers will protect their rights, and employers feel pressure to comply with rapidly shifting legal requirements.  Patience and understanding will be necessary on all sides as employers and employees adapt to the new EEOC approach.