Diversity, Equity, and Inclusion (DEI) Policy
(with Acknowledgment)

Summary

This template is a diversity, equity, and inclusion policy that confirms an employer's commitment to a diverse, equitable, and inclusive work environment. This template includes practical guidance, drafting notes, and optional clauses. Update alert: The Trump Administration has issued two Executive Orders (EOs) EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” 90 Fed. Reg. 8633 (Jan. 31, 2025) and EO 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing ,” 90 Fed. Reg. 8339 (Jan. 29, 2025), through which President Trump has ordered the termination of ''diversity, equity, and inclusion'' (DEI) or ''diversity, equity, inclusion, and accessibility'' (DEIA) policies in federal agencies. Section 4 of EO 14173, entitled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences,” directs the heads of all federal agencies, with the assistance of the Attorney General, to take appropriate action to reject DEI and DEIA programs in the private sector. On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two technical documents to provide guidance on DEI-related employment practices that may constitute unlawful discrimination under Title VII. See What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related Discrimination at Work. Also see EEOC Issues Guidance on Unlawful Workplace DEI Programs: Top Takeaways for Employers and EEOC Guidance Flags Affinity Groups As Potentially Risky. The executive orders have been challenged in court. For continued developments, see Presidential Executive Actions Tracker, Legal Challenges to 2025 Presidential Executive Orders and Actions Tracker, and Labor & Employment Key Legal Developments Tracker (Current). This template is intended for private employers. Employers may include this policy in an employee handbook or distribute it as a standalone policy. This diversity, equity, and inclusion policy is based on federal law. It does not address all potential state law distinctions; thus, you should check any relevant state and local laws. This template does not address affirmative action plans for government contractors and subcontractors. For more information on affirmative action plans required by the Office of Federal Contract Compliance Programs, see Affirmative Action Plans: OFCCP Compliance. For information on state laws concerning discrimination, harassment, and retaliation, see Discrimination, Harassment, and Retaliation State Practice Notes Chart. For state laws concerning screening and hiring, see Screening and Hiring State Practice Notes Chart. For non-jurisdictional and state-specific templates on discrimination, harassment, and retaliation issues, see Discrimination, Harassment, and Retaliation State Expert Forms and Checklists Chart. For non-jurisdictional and state-specific templates on screening and hiring, see Screening and Hiring State Expert Forms Chart. For a training presentation to educate participants on the value of and barriers to diversity, equity, and inclusion in the workplace, see Workplace Diversity, Equity, and Inclusion Guidance: Training Presentation. For tracking of newly enacted laws affecting diversity initiatives and other key federal, state, and local Labor & Employment legal developments, see Labor & Employment Key Legal Developments Tracker (Current). For discussions regarding the U.S. Supreme Court's 2023 decision regarding the use of affirmative action in college and university admissions, and the impact on DEI programs, see U.S. Supreme Court: Affirmative Action in College Admissions Must Come to an End, Employer Steps To Protect DEI Plans Post-Affirmative Action, and 4 DEI Risks To Consider After High Court's Harvard Ruling.