Compliance Stuff

Although there is no common definition of workplace diversity, equity, and inclusion (“DEI”), these programs can generally be characterized as falling into two groups—those that are inclusive and those that are exclusive in that they confer benefits on individuals based on their membership in a particular protected category . Examples of the latter include scholarships, mentorship, and other similar programs that are available only to members of a certain protected class.   In a profound shift, both types of DEI programs in the United States are being challenged. Employers find themselves at a crossroads: how to continue advancing principles of diversity and inclusion while navigating the heightened legal risk and compliance challenges arising out of this new legal environment.   Legal Standard Federal employment discrimination law rests on a principle of individual equality. Title VII of the Civil Rights Act of 1964 prohibits employers from making employment decisions “becaus...

  On March 19, the   US   Equal Employment Opportunity Commission ( EEOC ) and the   US   Department of Justice ( DOJ ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to diversity, equity, and inclusion ( DEI ) in the workplace. The guidance follows several executive orders issued by the Trump Administration relating to DEI and comes at a time when many employers are struggling over what, if anything, to do with their DEI policies and programs. The Joint Guidance The EEOC and the DOJ jointly released a one-page technical assistance document aimed at educating the public about how well-established civil rights statutes like Title VII, the primary federal statute prohibiting discrimination in employment, apply to employment policies, programs, and practices — including those labeled or framed as “DEI.” Find the joint guidance document  here . The guidance states that under Title VII, DE...