EEOC Letter Reminds Corporate Leaders About Title VII Do’s, DEI Don’ts

Andrea Lucas, the chair of the U.S. Equal Employment Opportunity Commission Chair (EEOC), on Thursday, Feb. 26, issued a letter to the chief executive officers, general counsel members and board chairs at 500 of the country’s largest employers. Collectively, these companies employ more than 30 million workers.

Purpose of the Letter

The EEOC letter was “not intended to be a statement of [identified] concerns or issues” at those companies. Instead, it was meant to:

1. Remind these corporate leaders of their obligations under Title VII of the Civil Rights Act of 1964, including with respect to employment policies, programs and practices labeled as “diversity, equity and inclusion” (DEI) or similar terms.
2. Emphasize the agency’s “commitment to preventing discrimination” through employer education and compliance assistance, including the agency’s non-binding educational resources addressing unlawful discrimination related to DEI in the workplace.
3. Underscore the agency’s commitment to fully utilize “all statutory tools to fulfill its mission” — from education and compliance efforts to the administrative enforcement process and litigation.
4. Encourage these executives to affirm a shared commitment to merit-based employment decisions “so every worker in America has an equal opportunity to succeed, without regard to race or sex.”

The Agency’s Role

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private-sector employers for violations of federal laws prohibiting employment discrimination.

Quotable

Lucas stated in the letter, “The only lawful way to stop discrimination on the basis of race or sex is to stop discriminating on the basis of race or sex. Protecting workers begins with preventing discrimination. The EEOC is committed to helping businesses comply with the law. Hiring workers based on their merit, excellence and character — not skin color or sex — is the right thing to do and benefits employers and employees alike.”

Editor’s Note: Additional Content

For more information and resources related to this article, see the pages below, which offer quick access to all WorldatWork content on these topics:

• Equitable and Diverse Workplaces
• Organizational Performance