DEI Guidelines in 2025: What To Know About Workplace Discrimination

There’s a lot of uncertainty about what does and does not count as discrimination right now, but the EEOC and DOJ have attempted to smoothen things out with some DEI guidelines for 2025. DEI-based employment decisions are no longer a welcome part of the workplace and employers have to be careful they don’t indulge in any discrimination or “reverse discrimination” by mistake.

While diversity, equity, and inclusion (DEI) are not defined by Title VII of the Civil Rights Act of 1964, we still operate under its regulations and its prohibition of discrimination based on characteristics such as race, color, and sex. The EEOC and DOJ’s DEI guidelines for 2025 continues to ensure that discrimination is strictly forbidden at work.

Image: The regulations around DEI practices remain unclear in 2025, but the new guidelines may help make things more clear in the workplace.

DEI Guidelines for 2025: What To Do If You Experience Discrimination Related to DEI at Work

The U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have together issued two documents on DEI practices within the workplace and what to do if you face it with your employers. The document titles say it all: “What To Do If You Experience Discrimination Related to DEI at Work” and “What You Should Know About DEI-Related Discrimination at Work.” 

The DEI guidelines for 2025 released on March 19 make for important reading material for employers who need to be aware of how their actions may be interpreted by existing and prospective employees. The DOJ and EEOC workplace discrimination rules educate employers and employees about how existing civil rights laws can be applied to DEI initiatives. 

Title VII Compliance Central to the EEOC and DOJ DEI Guidelines 2025

The Title VII regulations prohibit employers from discriminating against employees based on protected characteristics such as race, color, religion, sex, and national origin. DEI policies were designed to guarantee the same regulations, but in 2025, pursuing these policies has become tantamount to violating Title VII. 

“DEI policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated—in whole or in part—by an employee’s race, sex, or another protected characteristic.”

Pursuing DEI agendas and showing preferential treatment for certain sections of the population over others is considered discriminatory. This disparate treatment could be seen in hiring, promotions, compensation, exclusion from training, exclusion from fellowships, firing, demotions, fringe benefits, exclusion from mentoring or sponsorship programs, or selection for interviews. 

No “Balancing” a Workforce, Pursuing Quotas, or Segregating Employees

As per the DEI guidelines for 2025, employers should be careful not to try and even out the workforce by maintaining a quota of who to hire and how many workers they want to represent from each group. Employers cannot limit, segregate, or classify employees based on these protected characteristics, or deprive them of employment opportunities.

Employers cannot limit membership in workplace groups like Employee Resource Groups to certain employees only, and neither can they administer separate training or investment of employer resources exclusively for them. 

DEI Workplace Compliance Regulations Prohibit Harassment and Retaliation

It goes without saying, harassment is not allowed within the workplace. It becomes a legal issue when it results in “adverse changes to a term, condition, or privilege of employment.” When the regulations begin to affect the conditions of work and become “so frequent or severe that a reasonable person would consider it intimidating, hostile, or abusive,” the employee might file a harassment claim.

Employers need to be wary about providing DEI training as well. Such could include content that promotes stereotypes, forces ideological conformity, uses accusatory language or brings on collective guilt among workers. All of these could lead to a colorable hostile work environment claim, so DEI training should be considered carefully at work. 

Additionally, employers cannot retaliate against workers for engaging in protected activity under Title VII and neither can they prohibit workers from filing an EEOC charge. Harassment and retaliation are both off the table. 

What to Do If You Encounter DEI-Related Discrimination at Work?

The Title VII provisions protect employees, potential and actual applicants, interns, and training program participants collectively. Regardless of whether you work for a private sector employer or a state or local government employer, you can reach out to the EEOC. 

The Department of Justice enforces the statute against state and local government employers, but only after the initial claim is filed with the EEOC and it determines that there is reasonable evidence of discrimination. If you feel you have encountered instances of DEI-related discrimination, you can contact the EEOC immediately to initiate action against your employer.

You cannot sue your employer in federal court for a violation immediately without first filing a charge with the EEOC. After the correct procedure is followed, you can receive a “right to sue” letter to take your claim to court. 

Examples of DEI-Related Workplace Discrimination

If you’re still unsure what kind of decisions might be classified as workplace discrimination under the DOJ and EEOC guidelines, there are some examples include:

• Enforcing a promotion program to showcase more women in leadership roles, even if there other other, more qualified candidates
• Providing skill-based training specifically to a minority community of employees for their upliftment would be denying other workers equal terms of employment
• Hosting a networking event for an Employee Resource Group (ERG) for a specific community or workers could be seen as workplace segregation and differential treatment based on protected characteristics
• Firing an employee for complaining against race-based hiring would be seen as a retaliatory action that violates Title VII
• Setting a quota for how many members you hire from the local community could be termed as discriminatory as hiring will no longer be exclusively merit-based

Review and Remember the EEOC and DOJ’s DEI Guidelines for 2025

DEI practices are no longer welcome within the workplace and any mention of indication that an employer is making decisions based on diversity, equity, and inclusion could backfire against them. HR teams and employers need to review the guidelines thoroughly to ensure they comply with the guidelines, and employees need to be aware of the rights and protections available to them at work.

Employers that rely on staffing and recruitment agencies or external support for training programs need to be aware that they are equally responsible for the actions of these parties against their employees under Title VII. It’s more important than ever to pay attention to what goes on in your organization.

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