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EEOC outlines how DEI might be ‘unlawful’

  • The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice released guidance on 'unlawful discrimination' in diversity, equity, and inclusion (DEI) initiatives at work.
  • The EEOC outlined that DEI programs do not change legal prohibitions against the use of protected characteristics in employment.
  • The guidance listed various actions related to DEI that count as illegal discrimination, such as limiting, segregating, and classifying workers, and engaging in harassment or retaliation based on sex or race.
  • The EEOC warned that employee resource groups may be considered illegal if they limit membership based on a protected characteristic.

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