The Equal Employment Opportunity Commission and Department of Justice recently issued two technical assistance documents addressing the agencies’ views as to what DEI practices in the workplace may be illegal. The documents advise that although DEI is a “broad term” that is not defined in Title VII of the Civil Rights Act of 1964, DEI activities may be unlawful if they involve an employment action motivated “in whole or in part” by an employee’s race, sex, or other protected characteristic. Although the technical assistance documents do not have the force of law, they set forth the agencies’ views as to what constitutes illegal DEI under existing law and reflect that DEI practices will continue to be a focus for President Trump’s administration.
View other S&C insights relating to President Trump’s recent executive orders.