Compliance Stuff

On April 3, 2025, a group of former U.S. Equal Employment Opportunity Commission (EEOC) officials issued a statement defending specific employer diversity, equity, and inclusion (DEI) programs in response to technical assistance issued by the acting director of the EEOC last month. Quick Hits A group of former EEOC officials has issued a statement asserting that employers can implement specific DEI programs without violating antidiscrimination laws, despite recent technical assistance from the acting chair of the EEOC that could classify such initiatives as unlawful discrimination. The former officials argued that proactive efforts to promote diversity and equal opportunity are essential and can be executed lawfully. They identified specific DEI-related initiatives: antidiscrimination training, employee resource groups, broader recruitment efforts, and demographic data collection, as lawful practices that can help employers prevent unlawful discrimination. In the lengthy statement, the...

  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...