Striking a balance: Insights from EEOC, DOJ guidance on DEI and Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how diversity, equity, and inclusion (DEI) initiatives intersect with Title VII of the Civil Rights Act of 1964. The guidance provides critical direction for employers seeking to implement inclusive workplace policies while ensuring compliance with federal antidiscrimination laws under the Trump administration.

Considerations for employers

The guidance reinforces the EEOC’s and DOJ’s positions that DEI efforts must align with Title VII’s prohibition against employment decisions based on protected characteristics such as race, color, religion, sex, or national origin. According to the guidance, even well-intended diversity initiatives can create legal risks if they involve preferential treatment or exclusion based on these attributes.

Here are some key takeaways from the guidance:

Title VII protects all employees equally. The law applies universally, protecting individuals of all backgrounds. DEI programs must be structured to promote inclusion without resulting in differential treatment based on protected characteristics.

No exemptions for business necessity or diversity goals. You cannot justify employment decisions that consider race, gender, or other protected characteristics by citing business necessity or general diversity objectives.