Week in review: Trump seeks to dismantle Dept. of Education; EEOC warns DEI may violate civil rights
5. EEOC, DOJ release guidance characterizing DEI as a violation of federal law
In a statement published Wednesday, the Equal Employment Opportunity Commission and the U.S. Department of Justice announced the publication of "two technical assistance documents focused on educating the public about unlawful discrimination related to 'diversity, equity, and inclusion' (DEI) in the workplace."
The agencies suggested that DEI initiatives may run afoul of Title VII of the Civil Rights Act of 1964, which prohibits "employment discrimination based on protected characteristics such as race and sex."
"Under Title VII, DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated–in whole or in part–by an employee's or applicant's race, sex, or another protected characteristic," the statement asserted.
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"Far too many employers defend certain types of race or sex preferences as good provided they are motivated by business interests in 'diversity, equity, or inclusion,'" EEOC Acting Chair Andrea Lucas stated. "No matter an employer's motive, there is no 'good,' or even acceptable, race or sex discrimination."
Lucas cited the U.S. Supreme Court's June 2023 ruling that the University of North Carolina and Harvard University acted unlawfully when they used race as a factor in student acceptance. Following that ruling, several major American corporations have scaled back their diversity, equity, and inclusion policies.
"In the words of Justice Clarence Thomas in his concurrence in Students for Fair Admissions, 'two discriminatory wrongs cannot make a right,'" Lucas added. "While the public may be confused about what rules apply to DEI, the law itself is clear. And there are some serious implications for some very popular types of DEI programs. These technical assistance documents will help employees know their rights and help employers take action to avoid unlawful DEI-related discrimination."
Deputy Attorney General Todd Blanche vowed that the Justice Department is "committed to ending illegal DEI initiatives, policies, and programs."
"The technical assistance document provides clear information for employees on how to act should they experience unlawful discrimination based on DEI practices," Blanche said.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
