Where Has Title VII Gone?
March 18, 2025
Title VII hasn’t gone away, it’s just veered off in a different direction. That is, its current emphasis has shifted away from engaging in diversity, equity, and inclusion efforts that focus on membership in one or more protected categories of race, color, religion, sex, national origin, age, disability, and genetic information toward a merit-based focus on nondiscrimination.
The protected classes are still protected under Title VII, but concerns about DEI initiatives themselves leading to reverse discrimination and favoritism of those legally protected, whether true or not, have resulted in this new approach.
For HR departments the important points are these:
- Discrimination and harassment based on a protected class is still illegal under Title VII.
- Today’s diverse organizations benefit from policies and training that encourage respect and communication for all.
- Inclusion, not favoritism toward or criticism of any particular group, is the mandate of the EEOC.
- Opportunities for upskilling and advancement should be made available without bias.
- Providing reasonable accommodation for disability and religious practice is still required by law.
Many HR Departments are finding the current change in emphasis confusing, even intimidating. But the basic tenets of Title VII have not disappeared, just shifted with the times. For example, while the EEOC has recently canceled an order requiring federal contractors to engage in affirmative action in terms of gender and race because it now deems the order to be discriminatory, the agency still takes enforcement action against illegal discrimination against federal contractors based on sex (now defined by the Trump administration as women and men) or race. The difference is that the agency is no longer advocating for particular groups (particularly transgender applicants and employees), instead emphasizing fair treatment for women and all racial groups.
In these uncertain times, HR departments may feel they’re under the microscope and unable to continue encouraging diversity and inclusion. Just remember to support a respectful and welcoming environment for everyone in your organization. Promote a fair and inclusive operational approach that emphasizes objectivity and merit-based measures. And know that Title VII is still the law, albeit with some change in interpretation.