Compliance Stuff

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued  technical assistance materials  on diversity, equity, and inclusion initiatives, including one document titled  “What to Do if You Experience Discrimination Related to DEI at Work,”  and another titled  “What You Should Know About DEI-Related Discrimination at Work.” Employers with DEI programs will want to review both documents and determine whether they need to make any adjustments to avoid legal challenges. Meanwhile, here are seven quick (and, in my opinion, very helpful) tips from the materials: Tip No. 1: Title VII of the Civil Rights Act of 1964 applies to all employees, male and female, "majority" and minority.   One big issue  before the U.S. Supreme Court right now  is whether “reverse” discrimination plaintiffs have a more stringent burden of proof than plaintiffs who are women claiming sex discrimination, or members of minor...

  The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. The technical assistance documents align with several  executive orders  on DEI that President Donald Trump issued shortly after he took office—which are being challenged in court. Quick Hits The EEOC recently issued two documents to clarify what the Trump administration considers to be illegal DEI programs. According to these documents, discrimination may occur if race, sex, or another protected characteristic is just one deciding factor, not the sole deciding factor, in an employment decision. The guidance suggests employers should open all training and mentoring programs to all demographic groups. The guidance confirms that employee resource groups or affinity groups may be unlawful if they are not open to everyone. On March 19, 2025, the EEOC released a techn...