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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, July 9, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will examine the two guidance documents recently released by the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) (collectively, the agencies) providing insight into what the agencies now consider to be illegal DEI-activity by employers under Title VII. The panel will provide examples of prohibited activity and offer best practices for helping employers navigate this change in agency stance by reviewing and revising company policies and initiatives, including DEI programs, to be in the best position to mitigate the risk of possible discrimination claims.

Faculty

Gabrielle Levin
Partner, Co-leader of Employment Litigation & Counseling
Mayer Brown LLP

Ms. Levin offers corporate clients extensive experience in employment and complex commercial litigation matters. Her experience spans nearly two decades. Ms. Levine defends employers in Sarbanes-Oxley and other whistleblower protection litigation, discrimination and retaliation claims, executive compensation disputes, restrictive covenant and trade secret litigation, and wage and hour class actions. She has first-chaired jury trials in federal court and led the defense of employers in arbitrations. Ms. Levin also has significant experience representing public companies in class actions.

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Savanna L. Shuntich
Special Counsel
Wiley Rein LLP

Ms. Shuntich has an expansive employment advice and counsel practice devoted to streamlining compliance with federal, state, and local workplace laws, creating clear employment policies and procedures, and effectively resolving government audits and investigations so that her clients can focus on business objectives. She is also experienced advising employers and coordinating an effective response when a workplace issue has become a crisis imperiling the success of the organization. Ms. Shuntich has represented individuals and companies in all phases of employment litigation, addressing claims of discrimination, retaliation, harassment, wage theft, and breach of contract in the U.S. District Courts and leverages her experience as a litigator to mitigate risk for employers and resolve workplace issues in an efficient manner. Additionally, Ms. Shuntich counsels clients on policy developments from federal and state administrative agencies, employment-focused federal and state legislation, and significant litigation affecting the workplace.  

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Description

The EEOC and DOJ recently issued two technical assistance documents (the guidance) related to the new administration's stance on DEI initiatives and potential Title VII violations—"What to Do If You Experience Discrimination Related to DEI at Work" and "What You Should Know About DEI-Related Discrimination at Work."

The guidance provides additional insight into what the agencies now consider to be "illegal DEI" initiatives under Title VII including making employment decisions such as hiring and firing, promotions, and access to opportunities and benefits based on protected characteristics, regardless of any positive intentions. The guidance also states that any practices that segment employees based on protected characteristics including race or sex, such as limiting membership in employee resource groups or affinity groups to certain protected groups also violates Title VII.

The guidance limits defenses that may be used by employers. For example, it provides that an employment decision may be found to be discriminatory even if DEI-related considerations are only a contributing factor in the decision. And it does not allow for a "business necessity" exception.

Given the change in agency focus and possibility of enforcement action, counsel should understand the new guidance and how to help their employer clients review and amend any current policies, including DEI measures, to mitigate the risk of noncompliance.

Listen as our expert panel provides an in-depth look at the EEOC's recent guidance on employer DEI initiatives and Title VII compliance. The panel will also offer best practices for assisting clients with policy review and development to limit risk of enforcement action.

Outline

I. Introduction

A. Brief history of DEI

B. Background on current administration's DEI stance

II. EEOC guidance

A. Purpose

B. Title VII 

C. Conduct that may constitute "illegal DEI" practices

D. No "business necessity" exception or "contributing factor" defense

E. Hostile work environment claims

F. Retaliation and "protected activity"

G. Enforcement

III. Employer impact

A. FCA enforcement

B. Policy evaluation and development

C. Training

IV. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What employer activities are now considered discriminatory and in violation of Title VII as described in the guidance?
  • How does this differ from the agencies' prior stance?
  • Is it possible for employers to have any DEI initiatives in place?
  • What are best practices for reviewing and developing policies, including current DEI initiatives, to mitigate the risk of enforcement action?