{"id":7948,"date":"2025-03-20T14:26:38","date_gmt":"2025-03-20T14:26:38","guid":{"rendered":"https:\/\/www.brightmine.com\/us\/?post_type=resources&p=7948"},"modified":"2026-03-24T15:48:46","modified_gmt":"2026-03-24T20:48:46","slug":"eeoc-issues-guidance-on-illegal-dei","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/us\/resources\/hr-compliance\/discrimination\/eeoc-issues-guidance-on-illegal-dei\/","title":{"rendered":"EEOC issues guidance on “illegal DEI”"},"content":{"rendered":"\n
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by Emily Scace<\/strong>, Senior Legal Editor at Brightmine<\/p>\n<\/div>\n\n\n\n

The Equal Employment Opportunity Commission (EEOC) has released guidance<\/a> that sheds some light on the types of diversity, equity and inclusion (DEI) programs and initiatives the Trump administration considers to be illegal.<\/p>\n\n\n\n

The move comes after a period of uncertainty, as multiple executive orders (EOs)<\/a> targeted “illegal DEI and DEIA policies” without defining what would constitute illegal DEI. Parts of those executive orders were blocked by a nationwide injunction, but the 4th US Circuit Court of Appeals stayed the injunction on March 14, allowing the administration to proceed with the directives in the EOs.<\/p>\n\n\n\n

According to the new guidance, a DEI initiative may be unlawful under Title VII of the Civil Rights Act of 1964 if it “involves an employer\u2026taking an employment action motivated – in whole or in part – by race, sex, or another protected characteristic.” An employee only needs to show some employment-related injury or harm to have a potential discrimination claim, the guidance states.<\/p>\n\n\n\n

An employer may not cite “general business interests in diversity and equity (including perceived operational benefits or customer\/client preference” as a justification for programs that violate Title VII, according to the guidance. Nor do DEI-related considerations of race, sex or another protected characteristic need to be the sole or deciding factor for an employment action to constitute unlawful discrimination.<\/p>\n\n\n\n

The prohibition against employment actions motivated by race, sex or another protected characteristic is nothing new. But the interpretation of Title VII’s basic command as barring many voluntary employer DEI programs represents a significant shift.<\/p>\n\n\n\n

In addition to major employment decisions like hiring, firing, promotion, demotion, compensation and benefits, the guidance cautions that the following DEI-related initiatives, among others, could constitute unlawful discrimination if based on a protected characteristic:<\/p>\n\n\n\n