If your DEI/ D&I radar is tingling (and confused) after recent headlines, you’re not imagining things.
On April 3, a group of 10 former EEOC leaders publicly pushed back against new guidance from the agency’s current Acting Chair (Andrea Lucas)— and let’s just say, they didn’t hold back.
Their message? The Chair’s warning about “DEI-related discrimination” is overblown and could scare employers away from totally legal (and totally smart) inclusion efforts.
Here’s the gist:
- DEI Training Isn’t Illegal — unless you’re actually doing something outrageous (you’re probably not). Courts aren’t shutting down trainings just because someone gets uncomfortable.
- ERGs Are Not a Crime — As long as they’re open to everyone who supports the mission, employee resource groups are perfectly legal and incredibly valuable.
- Recruitment Outreach & Data = Good — Targeting underrepresented communities and collecting workforce data isn’t favoritism — it’s common sense and totally above board.
The former officials also reminded everyone: diversity isn’t just “nice to have.” It drives better performance, smarter decisions, and more innovation. (Yes, the data backs it up.) Check out these articles from McKinsey, PEW Research, and Scientific America.
But here’s the fine print:
You still need to design your DEI / D&I programs with care. It’s not just about good intentions — it’s about execution. Be inclusive, be lawful, and maybe run things by your legal team before you roll them out.
Hiring, promotion or other employment decisions should not be motivated by protected traits or characteristics such as race, sexual orientation, gender identity, sex, disability, age, national origin or other protected traits. If you are doing any kind of DEI or D&I training, be sure to avoid the perception of bias.
Bottom line?
Don’t panic. Don’t backpedal.
DEI / D&I done right is still legal, still impactful, and still worth doing.
Just be smart, clear-eyed, and confident as you move forward.
