On February 26, Equal Employment Opportunity Commission (EEOC) Chair Andrea R. Lucas sent letters to hundreds of the country’s largest employers reminding them of their obligations under Title VII of the Civil Rights Act of 1964 as they relate to diversity, equity and inclusion (DEI) policies, programs and practices. The letter notes that receipt of the letter does not indicate any finding of wrongdoing; rather, it is intended as a broad educational reminder of existing nondiscrimination obligations.
The letter refers employers to two non-binding technical assistance documents released in March 2025 by the EEOC and the U.S. Department of Justice. Both documents explain how existing civil rights rules under Title VII apply to employment policies, programs and practices, including those labeled or framed as “DEI.”
The letter clarifies that its scope extends beyond programs explicitly labeled “DEI” to include functionally similar initiatives operating under different names, such as “Inclusion & Diversity,” “Belonging,” “People & Culture,” or “Opportunity & Inclusion.” It also notes that the EEOC regained its quorum in October 2025, restoring its authority to bring all types of cases in federal court, including “systemic cases, pattern and practice lawsuits, and other large-scale litigation.”
The recent employer letters follow a similar action taken in March 2025, when then-Acting Chair Lucas sent letters to 20 major law firms requesting information about their DEI-related employment practices. Those letters cited concerns that certain firms’ practices may have involved unlawful disparate treatment or the limitation and segregation of employees based on race, sex or other protected characteristics. The law firm letters provided early insight into the EEOC’s scrutiny of DEI practices, while the recent letters to large employers can serve as broader guidance for industries to ensure they are in compliance with federal civil rights law.
CUPA-HR will continue to update members on relevant EEOC guidance and regulations.