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New EEOC Technical Assistance on Anti-Discrimination in the Workplace

2025

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) released two technical assistance documents that address the scope of protections under Title VII of the Civil Rights Act of 1964 as they relate to an employer’s diversity, equity, and inclusion (DEI) policies, programs, and practices. Though the technical assistance lacks binding authority and the legal framework underlying Title VII remains unchanged, the documents shed light on how the EEOC may investigate and regulate over the next several years. To help CAAs as employers understand the legal and compliance implications of these EEOC documents, this article reviews examples of employer-sponsored DEI activities that the technical assistance documents indicate could violate Title VII.

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