EEOC issues guidance on DEI-related discrimination

The U.S. Equal Employment Opportunity Commission Wednesday released two technical assistance documents aimed at educating employers and workers about discrimination related to diversity, equity and inclusion initiatives.

The agency noted in the documents that Title VII of the Civil Rights Act of 1964 does not define DEI and said discrimination can occur if an employer makes an employment action based on a worker’s race, sex or other protected characteristic.

The EEOC said DEI initiatives have become increasingly prevalent over the last five years and that adopting the programs “does not change longstanding legal prohibitions” against discrimination.

The one-page technical assistance document titled “What to Do If You Experience Discrimination Related to DEI at Work” provides descriptions and examples of what the agency says constitutes DEI-related discrimination.

The second document, “What You Should Know About DEI-Related Discrimination at Work,” provides information in a question-and-answer format about how to address allegations of DEI-related discrimination.