EEOC News: The Legal Pitfalls of DEI Programs -What Employers Need to Know

The HR Lady, Podcast

Wendy Sellers discusses the latest clarifications from the Equal Employment Opportunity Commission on the legal boundaries surrounding Diversity, Equity, and Inclusion (DEI) programs. As affirmative action ends in early 2025, Wendy elaborates on how to ensure DEI initiatives remain compliant with federal law. Discover the differences between legal and illegal DEI practices, such as making employment decisions based on race or sex, and setting quotas or exclusive programs.

The episode also features insights from Andrea Lucas, acting chair of the EEOC, on 11 ways to diversify workforces without engaging in unlawful discrimination. From adjusting job descriptions and standardizing interviews to auditing privilege and recruiting inclusively, these methods aim to foster equality without breaching Title VII.

Additionally, explore the EEOC's new publications aimed at addressing DEI-related discrimination in the workplace, defining what constitutes unlawful actions, and guiding both employers and employees on how to handle discrimination cases. Stay legally compliant and promote genuine inclusivity in your organization by tuning into this crucial discussion.

A few resources:

EEOC NEW Publication #1 - March 19, 2025

https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work

EEOC NEW Publication #2 - March 19, 2025

https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work

This was the podcast interview with Andrea Lucas in June 2024

https://www.youtube.com/watch?v=_8j1q-paDkQ

Also, on March 17, 2025, there was a Press Release that Andrea Lucas sent letters to 20 law firms requesting information about D E I-related employment practices.

https://www.eeoc.gov/newsroom/eeoc-acting-chair-andrea-lucas-sends-letters-20-law-firms-requesting-information-about-dei