Viewpoint: EEOC Documents on DEI Programs Increase Pressure on Employers

On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC) and the DOJ. The stated purpose of the technical assistance is to encourage whistleblowers to file discrimination charges with the EEOC relating to unlawful diversity, equity, and inclusion (DEI) programs or practices or, in the case of state and local government employees, with the Department of Justice.

It provides employees with instructions on how and where to file a claim of DEI related discrimination, along with descriptions of the types of DEI-related programs and activities that may constitute unlawful DEI under the current Administration’s policies. For employers, the technical guidance offers insight into the types of DEI activities that will be targeted by the Administration.

Technical Guidance – Identifying Unlawful DEI

The guidance categorizes potential claims of discrimination arising from “illegal DEI” practices and policies into four types of claims under Title VII: 1) intentional discrimination; 2) limiting, segregating, or classifying employees based on race, sex, or other protected characteristic; 3) harassment; and 4) retaliation. With respect to how those claims may arise, the guidance provides the following key details.

General Guidance

Potentially Unlawful DEI Activities

Best Practice for Operating Programs Without Violating Federal Anti-discrimination Laws

The risk of complaints and government investigations of employers has increased as a result of Administration’s emphasis on DEI and their outreach to employees and stakeholders to scrutinize employer policies and practices. The technical guidance encourages whistleblowers, increasing the pressure on employers to ensure that policies and programs are effectively implemented and administered lawfully.