Protected or Punished?

Hey Ya’ll,

Let’s have a real conversation.

There’s been a lot of noise lately around DEI—people mischaracterizing the work, downplaying its value, or even weaponizing the law to stop it. For those of us leading equity initiatives, organizing Employee Resource Groups (ERGs), and designing inclusive programs, that noise can become a real risk.

The EEOC recently released guidance making it clear that DEI-related discrimination and retaliation are not just unethical—they’re illegal but for both sides, which is interesting. Let’s delve in. 

RESOURCE:
🖇️ What to Do If You Experience Discrimination Related to DEI Work (EEOC)

REVELATION:

The EEOC affirms that you are protected when your DEI work ties into protected characteristics (like race, gender, disability, etc.), especially if:

• ✅ You’re advocating for inclusion if you're promoting equal opportunity or speaking up about discrimination; that counts as protected activity under federal law.

• ✅ You face harassment or retaliation. If coworkers or managers make your life harder because of your DEI efforts—like leaving you out of meetings, badmouthing your work, or threatening your job—you have the right to act.

• ✅ You're doing your job—and getting punished for it. If your role requires DEI work, and you’re being disciplined or demoted for carrying it out in good faith, that could be illegal, too.

⚖️ Title VII prohibits harassment, segregation, and retaliation—even in DEI programs. Let’s break that down:

• 🛑 Harassment is illegal. Unwelcome remarks or conduct based on race, sex, or other protected traits—especially when severe or frequent—can create a hostile work environment. That includes how DEI training is delivered. Content that shames, stereotypes, or isolates employees can become part of a legal claim.
  

• 🛑 No exclusion in ERGs. You can’t limit membership in affinity groups by race, gender, or any protected characteristic. Support spaces must be welcoming and legally sound.
  

• 🛑 No segregation in training. Even with good intentions, separating employees by identity during training can violate civil rights laws. Everyone should have equal access to the same opportunities and experiences.
  

• 🛑 Retaliation is prohibited - on both sides. If someone objects to a DEI training, participates in an internal complaint, or files with the EEOC, they’re protected from retaliation. Here’s the key: their opposition must be reasonable and fact-based. Just not liking DEI isn’t enough—but if someone genuinely believes a training discriminates and can articulate why, that’s protected speech.
  

REFLECTION:

So, let’s pause and ask yourselves …

• What are my thoughts on this guidance?

• Have I experienced pushback, harassment, or retaliation tied to my DEI work?

• Am I documenting any incidents—comments, emails, meeting exclusions—that could signal a pattern?

• How do I feel about moving this work forward, considering the bureaucratic hurdles?