The Equal Employment Opportunity Commission (EEOC) issued guidance on March 19, clarifying what constitutes “unlawful discrimination” related to DEI in the workplace.
It is noted that Title VII prohibits employment discrimination based on protected characteristics such as race and sex. Title VII generally applies to US employers with 15 or more employees. “Under Title VII, an employer initiative, policy, program, or practice may be unlawful if it involves an employer or other covered entity taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.”
Notably, the EEOC’s position is that there is no such thing as “reverse discrimination,” and Title VII’s protections do not only apply to individuals who are part of a “minority group,” but also apply to “majority groups.” Title VII’s protections apply equally to all workers.
The EEOC’s new guidance also states: “No general business interests in diversity and equity (including perceived operational benefits or customer/client preference) have ever been found by the Supreme Court or the EEOC to be sufficient to allow race-motivated employment actions.”
Examples of potentially unlawful DEI practices are identified, including quotas, disparate treatment and classifying of employees based upon protected characteristics.
Therefore, if you have DEI policies, be sure to review the guidance: What You Should Know About DEI-Related Discrimination at Work | U.S. Equal Employment Opportunity Commission, and reach out if you have any questions.
If you have any questions, or if you have any other employment-related questions please contact Ursula Leo, Employment Law Practice Leader, at (973) 729-1880, or via email, uleo@lcrlaw.com.
