Understanding DEI-Related Discrimination: EEOC’s New Guidelines

The U.S. Equal Employment Opportunity Commission (EEOC) has introduced two key technical assistance documents designed to inform both employers and employees about potential discrimination issues associated with Diversity, Equity, and Inclusion (DEI) initiatives.

Clarifying Title VII: The agency highlights that while Title VII of the Civil Rights Act of 1964 does not explicitly define DEI, discrimination can still occur if employment decisions are based on an individual’s race, sex, or other protected characteristics. The EEOC emphasizes that DEI efforts, which have become increasingly widespread over the past five years, do not alter the existing legal prohibitions against discrimination.

Guidance for Employees: One of the documents, titled “What to Do If You Experience Discrimination Related to DEI at Work,” provides examples and descriptions of what constitutes DEI-related discrimination, offering clarity for employees who may encounter such situations.

Guidance for Employers: The second document, “What You Should Know About DEI-Related Discrimination at Work,” is structured in a question-and-answer format. It provides comprehensive information on how allegations of DEI-related discrimination should be addressed, aiming to assist employers in navigating these complex issues effectively.