The EEOC issued new guidance on DEI and workplace discrimination attempting to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. The EEOC released a technical assistance document called “What you Should Know About DEI-Related Discrimination at Work” and provided a Q&A format to illustrate that an employer’s DEI policy, program, or practice may be unlawful under Title VII if it involves “taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.”
The EEOC stated that “DEI-related disparate treatment” could include disparate treatment in hiring, firing, promotion, demotion, compensation, and fringe benefits, as well as disparate treatment in:
- Access to or exclusion from training;
- Access to mentoring, sponsorship, or workplace networking/networks;
- Internships, including fellowships or summer associate programs; and
- Selection for interviews, including placement or exclusion from a candidate pool.
Additionally, the EEOC advised that in the context of DEI programs, unlawful segregation can include limiting membership in workplace groups, such as Employee Resource Groups (ERG), Business Resource Groups (BRGs), or other employee affinity groups, to certain protected groups.
The EEOC advised employers to offer “training and mentoring that provides workers of all backgrounds the opportunity, skill, experience, and information necessary to perform well and to ascend to upper-level jobs. Employers also should ensure that employees of all backgrounds have equal access to workplace networks.”
To learn more, please review the EEOC’s technical assistance documents at:
https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work;
https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work
For additional information, please contact Ashley Landrum, alandrum@florida-law.com.