Ogletree Deakins | DEI Executive Orders “Unblocked” | EEOC Issues Technical Assistance on DEI

Key Developments from Washington, D.C.

DEI EOs “Unblocked.” T. Scott Kelly and Zachary V. Zagger have the details on a decision by the U.S. Court of Appeals for the Fourth Circuit that will allow the federal government to enforce its DEI-related executive orders (EO) (EO 14151 and EO 14173) while a decision on the merits awaits appeal. This means that the federal government can once again, for example, require federal contractors to certify that they do not operate diversity, equity, and inclusion (DEI) programs that violate federal antidiscrimination laws. It also means that the U.S. attorney general can pursue legal challenges to private-sector DEI programs “that constitute illegal discrimination or preferences.” Other legal challenges to the DEI executive orders are still pending.

EEOC Issues Technical Assistance on DEI. The U.S. Equal Employment Opportunity Commission (EEOC) this week issued two technical assistance documents, “What You Should Know About DEI-Related Discrimination At Work” and “What To Do If You Experience Discrimination Related To DEI At Work.” The first document, in particular, cautions employers that an “initiative, policy, program, or practice may be unlawful if it involves an employer or other covered entity taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.” The document then provides examples of DEI-related workplace policies and practices that the EEOC believes may violate Title VII of the Civil Rights Act of 1964. In addition to discrimination in hiring, firing, and compensation, the document notes that job duties, access to training, mentorship programs, and employee resource groups should also not be motivated in whole or in part on race, sex, or other protected characteristics. Nonnie L. Shivers has the specifics

Compliments of Ogletree Deakins – a Premium Member of the EACCNY