A group of former high ranking EEOC officials from past Democratic and Republican administrations have issued a joint statement arguing that guidance released by the EEOC last month “does a grave disservice to employers, their employees and America’s economy”.
The joint statement emphasizes employers’ interest in having a diverse and inclusive workforce, pointing to research that consistently finds it can increase revenue and enhance productivity, and argues that having an interest in diversity does not mean that employers will necessarily use illegal race and/or sex-based preferences.
This contrasts with the new EEOC guidance which states that “no general business interests in diversity and equity (including perceived operational benefits or customer/client preference) have ever been found by the Supreme Court or the EEOC to be sufficient to allow race-motivated employment actions.”
While the joint statement does not carry legal weight, it provides employers a different perspective and additional legal analysis concerning the legality of workplace DEI programs.