By Mark A. McAnulty, Nicholas J. Golding, Lee M. Braun
On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued informal guidance emphasizing that diversity, equity, and inclusion (DEI) programs or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated, in whole or in part, by an employee’s race, sex, or another protected characteristic.
These prohibitions go beyond an employer’s decisions on hiring, firing, and promoting employees. DEI-related discrimination can also include exclusion from training programs, internships, mentorship and sponsorship programs, fellowships, and employee resource or affinity groups. The agencies stressed that employers “should provide training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well, and to ascend to upper-level jobs.” The agencies further warned that DEI programs might create an actionable hostile work environment claim.
Finally, the agencies made clear that federal anti-discrimination laws apply equally to all workers, not only to members of a minority group. The EEOC explained that its position is that “there is no such thing as ‘reverse’ discrimination; there is only discrimination.” The same standard of proof is applied to all discrimination claims, and employers cannot escape liability by claiming a business necessity or interest in diversity.
For more information on this or related topics, please contact Mark A. McAnulty, Nicholas J. Golding, Lee M. Braun, or any of the KDDK Labor and Employment Law professionals.
