EEOC Answers Questions About What Constitutes Illegal DEI Programs
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...