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For several weeks, employment law and HR professionals have been hearing about the term “illegal DEI.” But what did “illegal DEI” actually mean—especially to the U.S. Equal Employment Opportunity Commission (EEOC), the federal discrimination watchdog? Until recently, that was anyone’s guess.

That changed yesterday when the EEOC issued guidance clarifying when DEI initiatives might cross the line into unlawful discrimination under Title VII of the Civil Rights Act of 1964. The Guidance is a technical assistance document released without an EEOC quorum. So, it’s not a rule or a law. Still, here’s what employers need to know about it.

When is a DEI Initiative Unlawful?

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Diversity, Equity, and Inclusion (DEI) programs have become a fixture in many modern workplaces, designed to promote a more inclusive environment. But recent federal scrutiny has raised new concerns for employers. A recent Executive Order directed the Chair of the U.S. Equal Employment Opportunity Commission (EEOC) to review large law firms for compliance with Title VII of the Civil Rights Act of 1964,  igniting discussion over whether the EEOC is overstepping its authority in investigating DEI programs.

This post examines the differing perspectives on this issue: the reasons for Acting Chair Andrea Lucas’s increased scrutiny and the opposition raised by former EEOC officials who warn of procedural overreach. Continue reading

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Despite two deciding judges expressing support for DEI, the Fourth Circuit unanimously ruled on Friday that two Executive Orders issued by President Trump, which seek to eliminate diversity, equity, and inclusion (DEI) initiatives from federal grant and contract processes, will remain in effect while legal challenges proceed. The Executive Orders claim that DEI programs promote race- and sex-based preferences that contradict American values of merit and hard work. Continue reading

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A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one. Continue reading

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Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be an understatement, unless the stove had ten or so rows of burners.

But, don’t get it twisted. Continue reading

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As Tom Petty once sang, “The waiting is the hardest part.” Employers waiting on the uncertain fate of the Federal Trade Commission’s non-compete rule can relate. With the initial sweeping ban announced in 2024 and legal challenges that followed, many businesses have been left wondering how to structure their workforce policies. Now, recent developments suggest that the FTC may be rethinking its approach, offering some clarity—though not yet certainty.

A New FTC Memo

The FTC has recently taken steps to address non-compete agreements, a long-debated issue in the job market. In a memo dated February 26, 2025, FTC Chairman Andrew N. Ferguson announced the creation of a Joint Labor Task Force to look into unfair labor practices, with non-compete agreements highlighted as a key focus. The memo states that non-compete agreements can impose unnecessary, burdensome restrictions on workers, limiting their ability to switch jobs and negotiate higher wages. The task force is charged with investigating these agreements, sharing research on their impact, and recommending regulatory or legislative actions to address abusive practices.

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Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would countenance the claims of a white employee offended about discussions and initiatives focused on antiracism and racial justice.

Conversely, a recent decision from the Sixth Circuit Court of Appeals serves as a lesson for employers on unlawful racial harassment, retaliation, and HR missteps.

Slurs, Stereotypes, and Grease?!?

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A federal court yesterday struck down President Trump’s attempt to fire National Labor Relations Board (NLRB) member Gwynne Wilcox. The decision restores the NLRB’s ability to function—but more importantly, it sends a clear message about presidential power and labor law.

Here’s what happened, why the court ruled against Trump, and what this means for your business. Continue reading

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