The Department of Justice (DOJ) has issued long-anticipated guidance outlining the types of diversity, equity, and inclusion (DEI) and employment practices that may be unlawful under federal civil rights laws. The July 29 memorandum from Attorney General Pamela Bondi identifies several common workplace initiatives — including some DEI trainings, diverse slate mandates, and supplier diversity programs — that many employers have considered adopting in recent years.
The memorandum, Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, says it “clarifies the application of federal antidiscrimination laws” and identifies four areas of potentially unlawful practices:
- programs that grant preferential treatment to specific demographic groups;
- the use of race or sex proxies in selection practices;
- segregated facilities or training sessions; and
- training programs that promote discrimination or hostile environments.
The memorandum offers specific examples of unlawful practices in each category and best practices to remediate potentially unlawful conduct.
The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will hold a virtual roundtable to discuss this guidance on August 26 at 1:00 p.m. EDT.
CWC members can read more here.