New EEOC Guidance on Diversity Equity and Inclusion

In January 2025, the Trump Administration issued two Executive Orders pertaining to diversity, equity and inclusion measures: EO 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing” and EO 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

Further to these EOs, and to the Trump Administration’s anti-DEI agenda generally, in March 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly released significant guidance, “What You Should Know About DEI-Related Discrimination at Work,” addressing the legal implications of DEI initiatives in the workplace.

In an April 3, 2025 open letter, ten former Democratic EEOC officials responded to the new guidance. The letter addresses counterpoints to the EEOC’s guidance and discusses how employers can maintain lawful DEI efforts.

This webinar aims to provide a thorough analysis of these developments, focusing on how DEI policies may intersect with Title VII of the Civil Rights Act of 1964. Participants will gain a comprehensive understanding of the EEOC and DOJ's positions on DEI-related discrimination and learn strategies to ensure that their DEI efforts comply with federal anti-discrimination laws while promoting inclusive work environments.

Why should you Attend: As DEI initiatives have become integral to organizational culture, it's crucial for employers, HR professionals, and legal practitioners to stay informed about the legal boundaries defined by the EO, EEOC and DOJ. This session will equip you with the knowledge to:

• Identify potential legal pitfalls in existing DEI programs
• Align DEI strategies with federal anti-discrimination laws
• Proactively address and prevent DEI-related discrimination claims
• Foster an inclusive workplace that complies with current legal standards

• Overview of the Executive Orders pertaining to DEI initiatives
• Overview of the EEOC and DOJ's March 2025 Guidance: Understanding the context and key points of the recent technical assistance documents
• Legal Framework of Title VII: Exploring how DEI initiatives may inadvertently lead to unlawful employment actions based on race, sex, or other protected characteristics
• Identifying Unlawful DEI Practices: Examining examples of DEI policies that may violate federal anti-discrimination laws, such as implementing quotas or "balancing" the workforce based on protected characteristics
• Best Practices for DEI Compliance: Strategies to design and implement DEI initiatives that align with legal requirements and promote genuine inclusivity
• Responding to DEI-Related Discrimination Claims: Steps to take if an organization faces allegations of discrimination linked to its DEI programs
• Case Studies and Recent Developments: Analysis of recent cases and enforcement actions related to DEI initiatives, including the scrutiny of law firms' diversity fellowships

• Employer
• Human Resources Professional
• Supervisor