WASHINGTON, D.C. — The U.S. Equal Employment Opportunity Commission has sent letters to hundreds of America’s largest employers warning that diversity, equity and inclusion programs may violate federal anti-discrimination law.
EEOC Chair Andrea R. Lucas sent the letters Feb. 26, urging chief executives, general counsel and board chairs to review the agency’s technical guidance on how DEI-related policies, programs and practices may run afoul of Title VII of the Civil Rights Act of 1964.
What the EEOC is saying
The letters point to two non-binding guidance documents released earlier this year by the EEOC and the U.S. Department of Justice. The documents outline how Title VII’s prohibition on race- and sex-based employment decisions applies to programs labelled as DEI, as well as to similar initiatives operating under names such as “Inclusion and Diversity,” “Belonging,” or “People and Culture.”
Lucas wrote that “the widespread adoption of DEI in the Fortune 500 and elsewhere in our country does not change longstanding legal prohibitions against the use of race, sex, and other protected characteristics in employment.”
The EEOC also cited a 2025 unanimous U.S. Supreme Court ruling in Ames v. Ohio Department of Youth Services, which affirmed that Title VII “establishes the same protections for every ‘individual’ — without regard to that individual’s membership in a minority or majority group.”
Enforcement capacity restored
The agency noted it regained a quorum of commissioners in October 2025, which restored its authority to bring systemic cases, pattern and practice lawsuits and other large-scale litigation in federal court. The letters signal the EEOC intends to use that power.
Lucas was clear the letters are not targeted complaints. “Your receipt of this letter is not intended to suggest that your company has engaged in illegal conduct,” she wrote, adding that the correspondence was distributed broadly as an educational and compliance reminder.
What employers should do
The EEOC’s guidance recommends that employers review any current or past DEI policies, programs or practices against Title VII obligations. Companies with U.S. operations are encouraged to direct questions to their legal counsel and, if needed, contact the EEOC’s Chief Counsel to the Chair for further clarification.
