What is "DEI-related discrimination at work?" No one knows, including the EEOC.
Late yesterday, the EEOC released two new policy documents aimed at eliminating "unlawful DEI" in the workplace: What You Should Know About DEI-Related Discrimination at Work and What To Do If You Experience Discrimination Related to DEI at Work (the latter even available as a poster-sized PDF).
The most revealing line appears in the opening sentence of the "What You Should Know" document:
"Diversity, Equity, and Inclusion (DEI) is a broad term that is not defined in Title VII of the Civil Rights Act of 1964."
Of course it's undefined, because DEI is not illegal.
✅ Promoting a workforce of qualified employees from different races, sexes, genders, ages, religions, disabilities, sexual orientations, gender identities, and other protected factors. (Diversity)
✅ Ensuring fair treatment, access, and opportunity for all individuals while working to remove barriers that have historically led to unequal outcomes. (Equity)
✅ Creating an environment where diverse individuals feel welcomed, respected, valued, and empowered to contribute fully. (Inclusion)
What the law does prohibit—and has since 1964—is hiring preferences, quotas, or any other form of discrimination based on a protected class. That includes unfair treatment in hiring, firing, compensation, promotions, or any other term or condition of employment.
We don't need the EEOC to invent a new category of "DEI-related discrimination" for these practices to be unlawful. Which raises the real question: What's the EEOC actually trying to accomplish here? It wants DEI to be a four-letter word. It wants to whitewash our employment laws. It wants to take us back to workplace before the Civil Rights Act of 1964 existed. We cannot allow this to happen, no matter what the feds tell us.