Recent guidance from the Equal Employment Opportunity Commission (EEOC) highlights the importance of understanding your rights, as a majority group plaintiff (white, male, heterosexual, etc.),  under Title VII of the Civil Rights Act of 1964. Specifically, EEOC just released What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related Discrimination at Work. 

While DEI programs aim to foster inclusive workplaces, they can inadvertently lead to discriminatory practices against majority group employees, if not implemented carefully.

5 Key Takeaways from the EEOC's Guidance:

1. Equal Protection for All: Title VII's protections extend to all workers, regardless of race, sex, or other protected characteristics. The EEOC emphasizes that there is no separate category of "reverse" discrimination, there is only discrimination where majority employees have rights to be free from discrimination and to recover damages if they fall victim.
2. DEI Initiatives Must Be Lawful: Any DEI initiative, policy, program, or practice that motivates employment actions based on race, sex, or another protected characteristic can be deemed unlawful. As such, calling an initiative DEI does not insulate the employer from suit. 
3. "Diversity" as a Business Necessity Is Not a Defense: Employers cannot justify discriminatory actions by claiming a business necessity or interest in "diversity," including client or customer preferences. This is the most essential takeaway.
4. Hostile Work Environments: DEI training itself can create a hostile work environment if it contains discriminatory content, application, or context.
5. Retaliation Protection: Employees who oppose unlawful DEI policies or practices are protected from retaliation under Title VII.

It is crucial to understand that if you believe you have experienced discrimination related to DEI at work, you have the right to seek legal counsel and, to prevail, it's highly advisable that your attorneys are intimately familiar with the McDonnell Douglas Framework in today's climate.

As discussed by Andrew Lieb in the Lawline course, "Reverse Discrimination: McDonnell Douglas in Trump's America," understanding the McDonnell Douglas framework is essential to successfully navigate discrimination claims. This framework, while complex, provides a structure for establishing discrimination, even in situations where the discrimination is not overt. In fact, the EEOC's recent guidance reinforces the importance of this framework. 

If you have been limited, segregated, or classified by your employer based on protected characteristics within DEI programs, you should consult with an attorney immediately. This applies to being denied hiring, promotion, compensation, fringe benefits, access or exclusion from training, access to mentorship or sponsorship or networking, internships, selection for interviews, and job duties or work assignments, as well. In fact, if you were selected for firing or demotion because you were a white, male, heterosexual, or any other traditionally majority characteristic, that is actionable discrimination.  

Don't forget that discrimination laws protect against retaliation where state laws often provide even more protection that just Title VII. So, reverse discrimination victims in the New York City finance & legal world should know that the New York State Human Rights Law protects their future careers if they speak out by creating a further lawsuit against any employer that discloses a personnel file or any other form of discrimination to punish someone for opposing discrimination.