Frank C. Morris, Jr., Member of the Firm in the , was quoted in HR Dive in “Expect the Unexpected’ in EEOC’s New Era, Attorneys Say,” by Ryan Golden.
The following is an excerpt:
The nation’s top workplace civil rights agency reopened with its quorum restored after the longest federal shutdown in U.S. history ended Nov. 12. It’s the start of a new era for the U.S. Equal Employment Opportunity Commission of the second Trump administration — though the commission remains a wildcard for labor and employment watchers. …
DEI programs should be ‘closely scrutinized’ ahead of enforcement threat
EEOC’s shift on diversity, equity and inclusion programs was already apparent with Lucas issuing guidance last March on discrimination related to workplace DEI. The notion of “illegal” DEI remains ill defined, said Frank Morris, member of the firm at Epstein Becker Green, but EEOC will continue to put pressure on employers regardless.
DEI programs “should be very, very closely scrutinized” as employers learn more about the agency’s approach, Morris added. Management-side attorneys have cautioned employers to reframe programs so that they comport with the principle of equal opportunity for all workers, and there are a number of specific adjustments organizations may consider.
For instance, Morris said mentorship programs that were once tailored to specific demographic groups should be opened to any and all employees on a nondiscriminatory basis. Likewise with training programs and affinity groups, the former being of note because of EEOC’s emphasis on religious discrimination and the potential religious objections employees may have to participating in DEI-related training.
“It’s a prudent time, frankly, just to do a proactive audit,” Morris said, noting that his firm has worked with clients to examine how DEI programs are written, as well as how they are put into practice. …
