Do You Need to Remove the EEO Handbook Policy Because of the DEI Executive Orders?
Question:
With the recent Executive Orders that called for an end to DEI (Diversity, Equity, and Inclusions) programs, do I need to remove the EEO (Equal Employment Opportunity) policy from my handbook?
Do You Need to Remove the EEO Handbook Policy because of the DEI Executive Orders?
Answer:
No. The EEO policy is based on federal laws that prohibit discrimination against protected classes, and these laws remain in effect. It is still considered best practice to include an EEO policy in your employee handbook.
Long Answer:
Most provisions of these Executive Orders apply to federal agencies and contractors, with little impact on private employers. However, regardless of whether your company is directly affected, this does not change the guidance regarding EEO policies.
While federal law does not require an EEO policy, employers are still legally prohibited from discriminating against protected classes. Including and distributing an EEO policy is a best practice that helps reinforce compliance and reduce liability regarding workplace discrimination and harassment.
Additionally, state laws may impose stricter requirements. For example, the Colorado Anti-Discrimination Act (CADA) prohibits discrimination based on race, color, national origin, ancestry, sex, age, pregnancy status, religion, creed, disability, sexual orientation, genetic information, spousal or civil union status, veteran status, marital status, and more. Employers operating in states like Colorado should ensure their policies align with both federal and state anti-discrimination laws.
Recommendation:
We do not advise removing your EEO policy at this time. Maintaining it remains a strong best practice and ensures compliance with both federal and applicable state laws.
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