EEOC, DOJ Warn Employers Against “DEI-Related” Discrimination

The Trump Administration is reforming federal policy in a number of different ways, including in relation to employment law. On March 19th, 2025, the Equal Employment Opportunity Commission (EEOC) issued joint guidance with the Department of Justice (DOJ) warning employers against DEI (Diversity, Equity, and Inclusion) related discrimination. The guidance marks a significant contrast with the Biden Administration’s approach to DEI and employment law. In this article, you will find an overview of the DEI controversy and the new guidance from the Trump Administration.

What is DEI in the Context of Employment Law and Why is it Controversial? 

DEI has become a controversial matter in recent years. Broadly speaking, Diversity, Equity, and Inclusion (DEI) refers to policies and practices within the workplace that are designed to promote representation and participation of diverse groups of people, including those of different races, genders, ages, religions, abilities, and other backgrounds. What a DEI policy actually entails can vary dramatically based on the specific circumstances. In the context of employment law, DEI initiatives often intersect with anti-discrimination laws, equal employment opportunity requirements, and affirmative action policies. Here is a general overview of the debate:

• Supporters argue that DEI initiatives help address systemic barriers to opportunity, improve organizational culture, and foster innovation by bringing in a range of perspectives. Among other things, they emphasize that such efforts can promote fairness, increase employee engagement, and reduce discrimination.
• Opponents argue that some DEI policies may lead to unintended consequences, such as reverse discrimination or the use of criteria that prioritize group identity over merit. They express concerns that some initiatives may conflict with the law, create divisions in the workplace, and even increase discrimination.

An Overview of EEOC and DOJ Guidance on DEI and Employment 

Joint guidance is now out on the Trump Administration’s view of DEI policies in the workplace. The EEOC and DOJ have issued the joint guidance. Notably, the federal agencies released two technical assistance documents with the goal of clarifying how anti-discrimination laws apply to workplace diversity, equity, and inclusion (DEI) initiatives.

While the guidance emphasizes that DEI is not defined under Title VII of the Civil Rights Act of 1964, it also states that the EEOC and DOJ belies that employment actions motivated—wholly or partly—by protected characteristics like race or sex may be unlawful, even if there is a DEI-motivation behind the policy.

Indeed, as part of the guidance, EEOC Acting Chair Andrea Lucas stated that popular DEI programs must still comply with existing civil rights law, regardless of employers’ intentions. A DEI-policy could potentially be deemed discriminatory by the EEOC or DOJ on the grounds that it discriminates against “majority groups”, including white employees, male employees, and heterosexual employees.

 Get Help From Our Florida Employment Lawyer Today 

Employment law is complicated. Professional legal representation is available to help employers and employees overcome any potential challenges. If you have specific questions about workplace discrimination laws, please do not hesitate to contact a Florida employment attorney today.