DEI at Work: Former EEOC Officials Say Don’t Let Fear Freeze Progress

If you’re feeling confused or cautious about your company’s diversity, equity, and inclusion (DEI) programs, you’re not alone — and a group of former EEOC officials says that may be by design.

On April 3, 2025, these former agency leaders issued a public statement responding to the EEOC Acting Chair’s March guidance titled “What You Should Know About DEI-Related Discrimination at Work.” In their view, the Chair’s message overstates legal risks and could chill lawful, productive DEI efforts across workplaces nationwide.

According to the former officials, the Chair’s guidance “ignores important aspects of applicable law” and fails to recognize the need for proactive measures to remove barriers to equal opportunity. They stress that employers are not only permitted but encouraged under civil rights law to take non-discriminatory, inclusive steps to identify and eliminate obstacles based on race, sex, or other protected traits.

They also highlight that many employers pursue DEI not only because it’s the right thing to do — but because diverse workplaces lead to better outcomes. Research cited in the letter, including findings from McKinsey and Scientific American, links diversity in leadership to stronger financial performance, innovation, and decision-making.

The letter critiques the Chair’s apparent assumption that an “interest in diversity” implies illegal use of race- or sex-based preferences. According to the former officials, that’s simply not the case — and employers routinely promote diversity through lawful means like recruitment outreach, barrier analysis, and inclusive training.

Here’s how they break it down:

1. DEI training is lawful when done right.
The Acting Chair’s document suggests that DEI-related training could trigger hostile work environment claims. The former officials argue this risk is overstated. Courts have consistently required such claims to meet a high bar — not just that the training made someone uncomfortable, but that it involved conduct so severe or pervasive that a reasonable person would find it abusive. The letter points out that most DEI trainings don’t come close to crossing that line and, in fact, help employers meet their legal obligation to prevent discrimination.

2. ERGs are legal — and valuable.
The statement affirms that voluntary employee resource groups (ERGs), when open to all who support their goals, are lawful and beneficial. The Chair’s warning about “unlawful segregation,” according to the former officials, may needlessly scare employers away from supporting these groups, which are often critical spaces for connection and inclusion.

3. Expanding recruitment and collecting workforce data are smart moves.
Employers are on solid legal ground when they broaden job outreach to include underrepresented schools or communities, or when they collect demographic data to identify where barriers might exist. These practices, the officials note, help employers reach qualified candidates and ensure fairness — not favoritism.

A Word of Caution
While the former EEOC officials make a strong case for continuing inclusive practices, employers should still approach DEI programs with precision. Much of the law hinges on how these programs are structured and executed, not just the intention behind them. Even well-meaning efforts can raise legal concerns if race, sex, or another protected trait is a motivating factor in employment decisions.

Additionally, while the statement focuses on policy goals and long-term workplace benefits, employers should prioritize what the law currently requires. Courts evaluate actions under statutory standards — not broader policy arguments. A program that feels fair in theory may still violate Title VII if it’s interpreted as giving preference to certain groups.

Practical realities also matter. For example, employee resource groups (ERGs) should not only be open to everyone but should function inclusively in practice. If ERGs appear exclusive or are supported unevenly, they could raise fairness or even legal issues. Similarly, DEI training must be carefully crafted to avoid the perception of bias or compulsion.

This doesn’t mean employers should step back from DEI. It means they should move forward with clarity, legal awareness, and thoughtful design. It just means designing programs with care, consulting legal counsel as needed, and keeping an eye on both intent and execution.

Moving Forward with Confidence and Care

The takeaway from these former EEOC leaders? Employers should not feel pressured to pull back from thoughtful, inclusive workplace practices. There’s a lawful path forward — and retreating out of fear could mean missing out on top talent, business benefits, and legal compliance.