Recent Half-Million Dollar EEOC Settlement a Good Reminder to Align DEI Focused Programs with Title VII

 A recent enforcement action by the Equal Employment Opportunity Commission (EEOC) serves as a cautionary tale for employers navigating DEI initiatives under Title VII. The EEOC recently settled a case with Planned Parenthood of Illinois involving DEI-related discrimination allegations by employees. After an investigation by the EEOC, Planned Parenthood agreed to pay $500,000 as part of the administrative conciliation process.  

During the investigation, the EEOC found that Planned Parenthood engaged in unlawful discrimination and harassment against white employees. Specifically, they found:

• Mandatory “affinity caucuses” segregated by race, with employees of other races prohibited from participating

• Required DEI training that included race-based comments directed at white employees

• Weekly mandates to attend affinity caucus sessions or DEI training

• Granting time off to black employees that was denied to white employees

Having affinity caucuses (or similar Employee Resource Groups or Business Resource Groups) are not necessarily illegal under Title VII and can foster engagement and development in the workplace. However, it is important to remember that they should be open to all employees, regardless of the focus of the group, and should be voluntary. By segregating employees and not allowing equal participation opportunities in programs based on race, companies could be setting themselves up for a charge and outcome similar to that of Planned Parenthood of Illinois.

This settlement comes on the heels of a letter to the leaders Fortune 500 by EEOC Chair Andrea Lucas reminding them of their obligations under Title VII. The letter and this settlement by Planned Parenthood are a good reminder to all organizations that the EEOC continues to focus enforcement efforts on race-based discrimination. Regular audits of DEI programs to make sure that they are in compliance with obligations under Title VII should be of utmost importance for all organizations. Employers should ensure that DEI initiatives are inclusive, voluntary, and administered in a manner that provides equal access and treatment for all employees. Reach out to your Berkshire Team to learn more about how we can help with a multi-faceted DEI policy and program review.