The Concept
“Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices — stereotyping statements, compelled self-disclosure, and mandatory confessions of bias...”
Key Resource
What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers?
Jackson Lewis, law firm
More Detail
What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers? Jackson Lewis, law firm
Agency Guidance: EEOC and DOJ Directives on DEI
March 2025 EEOC and DOJ… directives advise employers:
DEI training may support a colorable hostile work environment claim if it exhibits discriminatory content, application, or context. The guidance says to avoid content that stereotypes or attributes negative traits based on protected characteristics.
“Court Decisions: DEI Training”
“[R]ecent cases show that for DEI-based training to constitute an unlawful hostile work environment, the training must meet a high ‘severe or pervasive’ standard. Moreover, for objections to such training to constitute protected activity, the plaintiff must have a subjective and objective reasonable basis to believe the training is discriminatory.”
Complaints about DEI-related discrimination, including training, constitute protected activity under Title VII. Objections gain protection if they stem from a fact-specific basis for the employee’s belief that the training violates Title VII.
“In fact, anti-bias trainings are often necessary to ensure compliance with civil rights laws, and employers who provide antibias training may point to such training and related policies as an affirmative defense to harassment claims.”
“Practical Steps for Employers”
Design inclusive, nondiscriminatory EEO training:
Employers are required to offer equal employment opportunity (EEO) and prevent unlawful, discriminatory harassment... Employers must ensure that all training — even training that discusses concepts such as race, sex, and other unlawful discrimination — avoid stereotypes, language that could be considered divisive or segregating the workplace, unwelcome remarks, or negative attributions based on protected characteristics…
Handle complaints with care:
Employee objections to training may constitute protected activity under Title VII if they are based on a reasonable, fact-specific belief of discrimination. Employers should avoid retaliatory actions, such as adverse employment decisions, against employees raising such concerns...
Respect employee religious beliefs:
Avoid compelling employees to affirm ideological viewpoints, especially viewpoints that conflict with sincerely held religious beliefs. Offer reasonable accommodations, such as alternative training formats…
Prevent unlawful segregation:
Ensure training activities maintain open membership to avoid segregation, classification, or separation based on protected characteristics, as cautioned by the EEOC and DOJ.
Further Reading
From the Source
What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers?
Jackson Lewis, law firm
Authors: LDF Legal Defense Fund, LatinoJustice PRLDEF, Asian Americans Advancing Justice, Democracy Forward, Lawyers' Committee for Civil Rights Under Law, National Women's Law Center
