Ensuring Lawful DEI Practices: New EEOC and DOJ Guidelines for Employers

By Chris Braham, Rachel B. Cowen and Alivia Combe-DuQuet on April 3, 2025

On March 18, 2025, the Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents to help inform what each agency views as “unlawful” discrimination related to diversity, equity, and inclusion (DEI) programs in the workplace. These documents offer critical insights into how the EEOC and DOJ will interpret and enforce laws related to DEI programming, highlighting the need for employers to ensure compliance.

Chris Braham
Christopher A. Braham focuses his practice on employment litigation and counseling. Christopher represents employers in all stages of employment litigation, including in putative class action, single and multi-plaintiff lawsuits concerning claims for meal and rest period violations, failure to pay wages and bonuses, off-the-clock work, misclassification, discrimination, retaliation, wrongful termination and misappropriation of trade secrets. Christopher advocates for clients in state and federal courts and administrative agencies, including in proceedings before the Department of Fair Employment and Housing, the Division of Labor Enforcement Standards and the Equal Employment Opportunity Commission. Read Christopher Braham's full bio.

Rachel B. Cowen
Rachel B. Cowen focuses her practice in various employment discrimination and wrongful termination cases in federal and state courts. Rachel’s experience includes prosecuting and defending employee mobility and trade secret litigation on an emergency injunctive basis. She also counsels employers facing union organizing activity and picketing, and has successfully tried numerous cases before the National Labor Relations Board. She also handles collective bargaining and labor arbitrations. Additionally, Rachel represents financial services companies and professional engineering firms in unfair competition cases. Read Rachel Cowen's full bio.