Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting Chair Andrea Lucas entitled “What You Should Know About DEI-Related Discrimination at Work.”
Published on April 3, 2025, the open letter addresses several key concerns with the EEOC document, including its legality, its potential chilling effect on employers, the potential harm to both employers and employees, and the broader impact on the American economy.
The letter emphasizes the importance of employers identifying and addressing barriers within their workforces and engaging in legal diversity, equity, and inclusion (DEI) activities despite the EEOC document’s assertions to the contrary. It cites court cases that incontrovertibly establish the legal protection afforded to employers who assert a legally protected interest in equal opportunity in their workforces.
Additionally, the letter underscores the necessity of DEI training programs that educate employees on anti-discrimination and anti-harassment principles, highlighting their role in legal compliance and fostering a more inclusive work environment. The authors of the open letter note that DEI training programs are generally not associated with the creation of hostile work environments as is posited in the EEOC document.
The letter also acknowledges the surge in inquiries regarding Employee Resource Groups (ERGs). The authors provide legal clarification on ERGs and express their belief that the new EEOC guidance inadvertently creates a chilling effect on their use. They reiterate that there is no inherent legal impediment to the voluntary organization or participation in ERGs.
Of utmost importance, the authors present a comprehensive “Positive, Forward-Looking Framework” for employers and the legal community regarding lawful DEI programs. This framework encompasses a wide range of strategies, including extensive recruitment efforts, the collection of workforce data for EEO-focused barrier analysis and analytics, and proactive measures to ensure compliance with anti-discrimination laws. Notably, the letter references a recently published Law360 article co-authored by David Cohen of DCI.
The open letter was signed by the following esteemed former EEOC commissioners:
Furthermore, the letter was co-signed by the following former EEOC legal counsels:
DCI will continue to follow this developing situation and keep our clients and partner firms up to date.
