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.
Listen here https://www.podbean.com/eas/pb-22ze3-18574a6
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.
Illegal DEI? What does that mean? Until this week, no one knew for sure.
The EEOC just clarified: DEI programs cross the line into unlawful discrimination if they involve employment decisions based on race, sex, or other protected traits. That includes hiring, firing, promotions, pay, training, and more.
Examples of illegal DEI practices:
⚙️ Hiring/firing based on race or sex
⚙️ Promotions/demotions influenced by identity
⚙️ Pay differences tied to protected traits
⚙️ Exclusive mentorship/training programs
⚙️ Work assignments based on demographics
⚙️ Quotas or reserved positions
For example, a mentorship program open only to women and people of color could violate Title VII. So could hiring preferences that automatically exclude other qualified candidates. Even setting quotas risks legal trouble.
How to keep DEI compliant:
👀 Base decisions on merit – not identity.
🎨 Make programs inclusive – open to all.
🤝 Encourage collaboration – without requiring participation based on identity.
DEI matters, but intent doesn’t override the law. Keep initiatives fair, inclusive, and legally sound.
Resources:
Andrea Lucas shares the 11 points at about 32 minutes into the recording of the podcast in June 2024
https://podcasts.apple.com/us/podcast/employment-law-now/id1201410446?i=1000647661532
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
Also, on March 17, 2025, there was a Press Release that Andrea Lucas sent letters to 20 law firms requesting information about DEI-related employment practices.
