DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

By Stephania Sanon, Chris Braham, Martin L. Schmelkin, Ronald E. Richman, Mark E. Brossman, Donna K. Lazarus and Scott A. Gold on September 18, 2025

Posted In Employee Benefits, Employment

On July 29, 2025, the US Department of Justice (DOJ) issued a guidance memorandum that defines what it considers to be “unlawful discriminatory policies and practices” under federal civil rights laws. The guidance also includes a list of non-binding “best practices” to help entities decrease the risk of legal violations. While the guidance is primarily geared toward federal funding recipients, the DOJ warns that private employers subject to federal civil rights statutes should review the guidance and ensure their employment practices do not run afoul of federal law.

Learn what implications the DOJ’s guidance has for DEI practices in the private sector.

Tags: civil rights laws, DEI practices, Department of Justice (DOJ), guidance memorandum, private employers, unlawful discrimination

Stephania Sanon
Stephania C. Sanon is an employment and labor law partner, with particular focus on serving as a strategic advisor in M&A transactions. Read Stephania Sanon's full bio.

Chris Braham
Christopher A. Braham focuses his practice on employment litigation and counseling. Christopher represents employers in all stages of employment litigation, including in putative class action, single and multi-plaintiff lawsuits concerning claims for meal and rest period violations, failure to pay wages and bonuses, off-the-clock work, misclassification, discrimination, retaliation, wrongful termination and misappropriation of trade secrets. Christopher advocates for clients in state and federal courts and administrative agencies, including in proceedings before the Department of Fair Employment and Housing, the Division of Labor Enforcement Standards and the Equal Employment Opportunity Commission. Read Christopher Braham's full bio.

Martin L. Schmelkin
Marty has nearly 30 years of experience in employment law, representing clients in all aspects of the employment lifecycle, including counseling on recruitment, hiring, employment agreements, compensation, promotions, leaves, disciplinary action, terminations and separation agreements. Read Martin Schmelkin's full bio.

Ronald E. Richman
Ron defends employee benefit plans, fiduciaries and employers in class actions and in cases brought by individual plaintiffs. He also represents employers, employee benefit plans, fiduciaries and investment managers before the US Department of Labor, the Pension Benefit Guaranty Corporation and the Internal Revenue Service in connection with novel issues of law concerning plan mergers, terminations, spinoffs, fiduciary duties and prohibited transactions, and various aspects of withdrawal liability and mass withdrawal liability. Read Ronald Richman's full bio.

Mark E. Brossman
Mark is well-known for his broad experience in legal issues impacting the workplace, including employment law, labor law, ERISA and education law. Read Mark Brossman's full bio.

Donna K. Lazarus
Donna advises clients on harassment and discrimination matters, and assists with drafting employment-related policies. She also works with a broad range of educational institutions, including independent schools, colleges, universities, professional training programs and education-related associations, advising them on a variety of legal matters, including board liability, student discipline, learning and other disabilities, employment matters, harassment and bullying, admissions, contracts and litigation issues. Read Donna Lazarus's full bio.

Scott A. Gold
Scott counsels private capital firms, independent schools and colleges, multiemployer employee benefit funds, home care employers, family offices, and a wide variety of other clients. He routinely advises on union-related issues in corporate transactions and financing. Read Scott Gold's full bio.

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

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