End of the Rooney Rule? EEOC Chair’s Memo Flags Standard DEI Initiatives as Potentially Discriminatory

Acting Chair of the EEOC, Andrea Lucas, has issued a technical assistance memo raising concerns about certain Diversity, Equity, and Inclusion (DEI) initiatives potentially leading to discrimination. The memo specifically addresses traditional practices such as the Rooney Rule, employee resource groups, and DEI training, cautioning that they might inadvertently promote unlawful racial balancing.

Source: Lexology

Key Points

  • EEOC memo warns against using protected characteristics in employment decisions.
  • The Rooney Rule and other initiatives may inadvertently lead to discrimination.
  • Targeted support services limited to specific racial groups could violate EEO laws.
  • Employee Resource Groups (ERGs) should be open to all employees, not limited by race.
  • DEI training must be carefully structured to avoid claims of creating a hostile work environment.

Why should I read this?

If you’re in HR or management, this article is essential reading! It dives into some serious implications for how you handle DEI initiatives in your workplace. With shifts in policy and the potential for litigation, understanding these developments can save you from making costly mistakes. We’ve peeled back the layers for you, so you can stay ahead of the compliance game!