DEI and Unlawful Discrimination: What EEOC and DOJ Guidance Means for Private Sector Employers     

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) released new guidance clarifying how existing anti-discrimination laws apply to diversity, equity, and inclusion (DEI) efforts in the workplace. 

Contrary to what some headlines might suggest, this guidance does not ban DEI programs, create new legal obligations or signal a retreat from inclusion. In fact, it reinforces what many HR professionals and DEI leaders already know: that effective DEI programs can and should coexist with legal compliance. 

Here’s what you need to know. 

What was released? 

The EEOC and DOJ issued two technical assistance documents: 

• The agencies jointly issued a document titled What To Do If You Experience Discrimination Related to DEI at Work, which explains how discrimination might occur in the context of DEI, who might be affected and what employees can do if they believe they’ve been treated unfairly. 

• An EEOC-specific document titled What You Should Know About DEI-Related Discrimination at Work, outlines the legal process for bringing a claim under Title VII and outlines the legal basis for discrimination claims that arise in the context of DEI activities. 

The guidance notes that discriminatory DEI activities, including training, may give rise to a hostile work environment claim. It further notes that courts have ruled in favor of plaintiffs who present evidence of how DEI-related training was discriminatory, for example, in the training’s design, content, or execution.  

Importantly, these documents do not change existing law or restrict employers from offering DEI training or programming. 

Non-discriminatory DEI programs are lawful — and still essential 

The guidance does not ban DEI programs or training or make those activities illegal. Employers are free to implement DEI training, set inclusive workplace goals and cultivate diverse teams — as long as those efforts don’t involve treating people differently because of their race, sex, religion or other protected characteristics. 

What the guidance does emphasize is that inclusion must also be fair. In other words, DEI efforts should not stereotype or marginalize any group in the process of promoting equity. For HR leaders, this is a helpful reminder that when DEI is approached thoughtfully and grounded in respectful, evidence-based content, it strengthens workplace culture and supports compliance. 

What this means for HR 

The EEOC guidance highlights some scenarios where courts have found that poorly designed DEI programs may contribute to a hostile work environment. This includes training that generalizes or assigns blame based on identity, excludes individuals from participation, or creates discomfort or resentment due to its tone or delivery. 

However, these are outliers — not the norm. Most DEI programs, especially those developed by training providers with legal and compliance experts, are built to do the opposite: reduce bias, improve communication and promote understanding across teams. 

Practical steps HR teams can take 

The guidance doesn’t introduce new requirements — but it does offer a good opportunity for HR teams to: 

• Review DEI initiatives through both a cultural and legal lens 
• Vet DEI training content to ensure it’s inclusive of all perspectives 
• Be responsive if employees raise concerns, and ensure there’s a clear process for doing so 

If you partner with Traliant, you’re already ahead of the cure. Our in-house team of legal and compliance experts understands both the goals of inclusion and the boundaries of the law. Our inclusion courses are premised on anti-discrimination principles and do not include discriminatory DEI concepts, elements or activities. No course content teaches or encourages 

learners to engage in discriminatory DEI activities or any other form of unlawful discrimination. Further, the courses contain no content that disparages people based on membership in any protected class or teaches that an individual or group of people should be disparaged based on any protected characteristic. 

Conclusion 

This new guidance affirms that employers can continue to invest in DEI, so long as programs are designed thoughtfully. Inclusion is still a vital part of employee engagement, retention, innovation and belonging. For HR professionals, this is a moment to double down on DEI programs that are rooted in anti-discrimination principles, and aligned with guidance, laws and executive orders to foster a more inclusive workplace culture.