The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a short guidance document on March 19, 2025, to explain how the federal government will approach claims of discrimination related to Diversity Equity and Inclusion (DEI) policies, programs, and practices.
Title VII of the Civil Rights Act of 1964 is the legislation that protects employees, potential and actual applicants, interns and training program participants from workplace discrimination. The EEOC is tasked with investigating discrimination complaints, and the DOJ is tasked with prosecuting Title VII violations.
When a person alleges discrimination in the workplace, they can submit a complaint to the EEOC, which will review the complaint. The agency will either accept the claim for investigation or will dismiss the complaint. The newly released guidance details what the EEOC and DOJ will focus on when a complaint is received.
The EEOC defines DEI-related discrimination as employment actions taken in whole or in part based on an employee’s race, sex, or another protected characteristic. Employment actions specifically identified in the Guidance are:
- Hiring
- Promotion
- Compensation
- Exclusion from training
- Exclusion from fellowships
- Firing
- Demotion
- Fringe Benefits
- Exclusion from mentoring or sponsorship programs
Selection for interviews (including placement on candidate slates)
The guidance identifies the following areas of potential discrimination during its review of the complaint:
- The use of quotas or workforce balancing based on race, sex, or other protected traits;
- Retaliation for reasonably objecting or opposing DEI-related employment discrimination claims. Reasonable opposition to DEI training may also constitute protected activity if the employee provides a fact-specific basis for the belief that the training violates Title VII.
- Harassment stemming from unwelcome remarks or conduct based on race, sex or other protected characteristics. Harassment rises to the level of illegality if a reasonable person would consider the behavior intimidating, hostile, or abusive.
Discrimination complaints must be filed with the EEOC within 180 days of the date of the alleged discriminatory action. The deadline is extended to 300 days if a state or local agency enforces a law that prohibits discrimination on the same basis. Age discrimination complaints are extended by 300 days only if a state – not a local – authority has an age discrimination employment law and a state agency enforcing that law.
In this article Adriane Harrison, VP of Human Relations Consulting, PRINTING United Alliance, addresses discrimination complaints protected under Title VII. Adriane also provides information about labor and employment laws and regulations at the Center for Human Resources Support or reach out to Adriane directly if you have additional questions specific to HR issues may affect your business at: aharrison@printing.org.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.