By Arkansas Black Vitality

March 20, 2025 – The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) have released two technical assistance documents aimed at what the Trump administration calls “unlawful discrimination” related to diversity, equity, and inclusion (DEI) in the workplace.   

The DEI crackdown, using the Civil Rights Act of 1964, are part of the blueprint for overhauling the federal government through Project 2025, a 920-page conservative playbook that Trump disavowed during the presidential campaign. Many initiatives included in the voluminous plan are being implemented through executive orders or by Elon Musk’s Department of Government Efficiency, or DOGE.

For example, Project 2025’s recurring recommendations to dismantle and erase all DEI programs, jobs, and initiatives in the federal government have been implemented almost verbatim since Trump took office on Jan. 20. In addition, Project 2025 disciples such as Vought, White House adviser Stephen Miller, White Press Secretary Karoline Leavitt, Federal Aviation Administration nominee Brendan Carr and Homeland Security Border Czar Tom Homan all have top positions in the administration.

At the same time, following the Supreme Court’s historic 6-3 ruling in June 2023 to end the use of affirmative action in college admission, several conservative law firms are clogging the federal court system lawsuits seeking to end all DEI programs in the public and private sector.

DEI is a broad term that is not defined in Title VII of the Civil Rights Act of 1964, however, the Trump administration’s is warning businesses, universities, law firms, nonprofits and other organizations that DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated by an employee’s or applicant’s race, sex, or another protected characteristic. 

The EEOC and the DOJ released a joint one-page technical assistance document, “What To Do If You Experience Discrimination Related to DEI at Work.” The EEOC also released a longer question-and-answer technical assistance document, “What You Should Know About DEI-Related Discrimination at Work.” Both documents are based on Title VII, existing EEOC policy guidance and technical assistance documents and Supreme Court precedent, officials said.

“Far too many employers defend certain types of race or sex preferences as good, provided they are motivated by business interests in ‘diversity, equity, or inclusion.’ But no matter an employer’s motive, there is no ‘good,’ or even acceptable, race or sex discrimination,” said EEOC Acting Chair Andrea Lucas.

“The Department of Justice is committed to ending illegal DEI initiatives, policies, and programs,” said Deputy Attorney General Todd Blanche. “The technical assistance document provides clear information for employees on how to act should they experience unlawful discrimination based on DEI practices.”  

Additionally, on March 14, the U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) initiated investigations into 45 universities under Title VI, including the University of Arkansas at Fayetteville, reiterating schools’ obligations under civil rights law to eliminate the use of racial preferences and stereotypes in educational programs and activities.

OCR is also investigating six universities for allegedly awarding impermissible race-based scholarships and one university for allegedly administering a program that segregates students based on race.  

“The Department is working to reorient civil rights enforcement to ensure all students are protected from illegal discrimination. The agency has already launched Title VI investigations into institutions where widespread antisemitic harassment has been reported and Title IX investigations into entities which allegedly continue to allow sex discrimination; today’s announcement expands our efforts to ensure universities are not discriminating against their students based on race and race stereotypes,” said U.S. Secretary of Education Linda McMahon. “Students must be assessed according to merit and accomplishment, not prejudged by the color of their skin. We will not yield on this commitment.” 

The U.S. Department of Education (DOE) has initiated those investigations, while McMahon has been tasked with dismantling the federal agency. Last week, the department announced plans to lay off 1,300 of the agency’s employees, which is almost half of the agency’s staff.

In Arkansas, the House and Senate both approved Gov. Sanders’s higher education overhaul, known as the ACCESS Act. This legislation alters scholarship funding, restricts DEI initiatives, and modifies rules governing student protests. Act 341, sponsored by Sen. Jonathan Dismang, R-Searcy, and former Arkansas House Speaker Rep. Matthew Shepherd, R-El Dorado, was signed into law by Gov. Sanders on Tuesday during a ceremony at the State Capitol.