Trump Administration Uses EEOC to Target DEI

The acting chief of the Equal Employment Opportunity Commission (EEOC), the federal agency that protects workers’ rights, is taking on more cases related to targeting DEI (diversity, equity, and inclusion) programs in the private and public sectors. Andrea Lucas, the acting chief of the EEOC, has earned strong backing from the Trump administration, which seeks to stamp out DEI initiatives through executive orders. These initiatives have dismantled programs at federal agencies and threatened investigations and stiff financial penalties for federal contractors that engage in “illegal” DEI practices. Trump nominated Lucas, who is an outspoken opponent of DEI practices, which she argues result in discriminatory employment preferences.

On the other side of the aisle, former Democratic EEOC officials and prominent civil rights groups have accused Lucas of taking shortcuts that supersede her authority. They have urged employers to be wary of her directives or ignore them completely.

The EEOC recently issued two “technical assistance” documents along with the Department of Justice, attempting to clarify what might constitute DEI-related Discrimination at Work and providing guidance on how workers can file complaints over these concerns. The documents take aim at practices such as training, employee resource groups, and fellowship programs, and warn that such programs (depending on how they’re constructed) could violate Title VII of the Civil Rights Act, which prohibits employment discrimination based on race and gender.

These documents followed letters that Lucas sent to 20 prominent law firms demanding information concerning diversity fellowships and other programs she claimed were indicative of illegal and discriminatory practices in the workplace.

Meanwhile, a group of 10 former Democratic commissioners and counsels released its own letter Thursday that warned the legal community the DEI documents give the misleading impression that common programs are “fraught with legal peril.” This letter offered “counter-guidance” on how employers should continue implementing training and other practices that EEOC policy documents encourage to prevent discrimination.

Last month, seven EEOC officials sent Lucas a letter warning that she appeared to be overstepping her authority with demands for information from the 20 law firms without first launching a formal investigation. Prominent civil rights organizations joined the initiative, urging law firms to ignore her demands because they have no legal obligation to reply.

“This isn’t how the EEOC works. No single commissioner — not even the Chair — has the authority to send threatening letters demanding private information from employers,” said Noreen Farrell, director of Equal Rights Advocates, one of the civil rights organizations that signed onto the response led by the National Women’s Law Center. “The EEOC Chair can’t just rewrite decades of settled civil rights law with a hastily written memo.”

It remains to be seen what impact these initiatives will have on the EEOC, workers’ rights, and civil rights.

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Source:

apnews.com/article/dei-eeoc-civil-rights-trump-discrimination-executive-orders-bc3aff73de5e3649b1daccf718eefdc2