What Leaders Need to Know About the EEOC & DOJ’s New Guidance on DEI-Related Discrimination

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) released two technical assistance documents focused on how Title VII applies to workplace DEI programs. While they do not change the law, these documents signal how federal agencies may now enforce existing civil rights protections—particularly in workplaces with identity-conscious programs.

If you're a leader committed to building equitable workplaces, this may feel like a moment of uncertainty. Let’s walk through what was released, what it means for your organization, and what you can do next.

What the EEOC and DOJ Released

1. What You Should Know About DEI-Related Discrimination at Work – An FAQ from the EEOC outlining how some DEI-related strategies may be interpreted as discriminatory under Title VII.

2. What To Do If You Experience Discrimination Related to DEI at Work – A joint EEOC and DOJ document encouraging employees to file charges of discrimination if they feel excluded by DEI programs.

These documents assert that while DEI is not defined under federal law, actions that factor in protected characteristics—such as race or gender—may be unlawful if they result in preferential treatment, quotas, or exclusion.

Examples cited in the guidance include:

• Restricting access to mentorships, fellowships, or ERGs based on identity

• Separating DEI trainings by race or gender

• Using demographic traits in candidate selection (such as the “Rooney Rule”)

• Retaliating against employees who express opposition to DEI efforts

  
  

What This Means for You as a Leader

This is not a ban on DEI. But it is a clear signal that identity-based exclusion—even when motivated by inclusion—may be viewed as a violation of Title VII.

If your organization hosts race- or gender-specific programs, this guidance may raise questions about risk exposure. Even long-standing DEI practices, like exclusive ERGs or targeted leadership pipelines, may now be interpreted differently by regulators.

And while these technical assistance documents don’t create new law, they do show us how enforcement is likely to evolve—especially under the current administration.

Important note: Wilson and Associates is not a law firm. This article is for educational and strategic purposes only. Please consult legal counsel for compliance advice.

What You Can Do Now

You don’t need to abandon your DEI values—but you may need to recalibrate your strategy.

Here are three key steps we recommend:

1. Conduct a Legal and Strategic Review Work with legal counsel to assess risk across your current DEI programs. Review participation criteria, language, and documentation. We often partner with legal and HR teams during these reviews to align values with viable strategies.

2. Design for Inclusion Without Exclusion Instead of restricting access to programs based on identity, use needs-based or role-based criteria. Center your program goals (e.g., advancing underrepresented employees) while offering open access. Ensure affinity spaces are voluntary and clearly communicated.

3. Train Thoughtfully Evaluate how your DEI trainings are framed and delivered. Trainings should support psychological safety and learning—not trigger legal concern. Segmenting spaces can still serve a purpose, but the context, communication, and voluntary nature matter.

How We Help

At Wilson and Associates, we help organizations:

• Refine DEI programs to reflect current legal guidance while staying values-driven

• Design psychologically safe, inclusive learning experiences

• Facilitate cross-functional collaboration between DEI, HR, and legal teams

We don’t offer legal advice—but we bring clarity, nuance, and deep experience to the strategic side of culture change.

If you’re feeling unsure about how to evolve your DEI work in this moment, you don’t have to figure it out alone.

Let’s think through this—together. 

Schedule a strategy session

With care and clarity,

Chrysta 

Wilson and Associates Coaching and Consulting