Diversity, Equity, & Inclusion: US

This Diversity, Equity, and Inclusion policy explains how your organization will build an inclusive workplace beyond baseline legal requirements such as anti-discrimination, anti-harassment, and equal opportunity practices. It describes the programs, practices, and accountability tools you use to reduce bias, expand access to opportunity, and support belonging, such as training, employee resource groups, inclusive hiring practices, and progress metrics.

The History Behind Diversity, Equity, & Inclusion Policies in US

Diversity, Equity & Inclusion (DEI or DEIA, which includes Accessibility) policies have origins in civil rights law. Title VII of the Civil Rights Act of 1964 made it illegal for covered employers to discriminate based on race, color, religion, sex, or national origin. Congress expanded those protections through laws such as the Age Discrimination in Employment Act (1967), the Rehabilitation Act (1973) for many federal contractors, the Pregnancy Discrimination Act (1978), the Americans with Disabilities Act (1990), and the Genetic Information Nondiscrimination Act (2008). None of those statutes required employers to adopt "DEI programs," but they did establish a clear legal expectation: workplaces must provide equal opportunity regardless of protected characteristics.

Courts and enforcement agencies then turned that legal expectation into day to day employer obligations. Discrimination law developed beyond "no intentional discrimination" into scrutiny of neutral practices that create unjustified group disparities (disparate impact), plus clearer rules around harassment prevention, reporting, investigations, and accountability. In this era, policies addressing fair recruiting, consistent evaluations, accessible accommodations, and a workplace culture where people can do their jobs without harassment or retaliation were typically as far as companies went.

In parallel, a different set of ideas, mostly from academia and social justice activism (focused on concepts like privilege, systemic bias, and equity), began influencing thoughts around inequality and fairness. Rather than focusing mostly on individual bias or one-off bad decisions, these ideas emphasized systems and patterns, and often treated persistent disparities as evidence (and sometimes proof) that something in the structure is unfair. Over time, "equity" became a more prominent aim in many DEI programs, with more emphasis on tracking disparities and reducing gaps in representation and advancement, not just maintaining non-discriminatory rules and consistent processes.

DEI or DEIA programs and policies with this aim accelerated sharply in the late 2010s and especially after 2020, when many employers expanded DEI teams, training, and public commitments in response to pressure from employees, customers, or critics, and national events.

After a peak in the early 2020s, more recently many employers have narrowed, rebranded, or rolled back parts of their DEI programs, often citing legal risk, political polarization, and practical backlash inside workplaces. Court decisions and litigation risk have also changed the environment, including the Supreme Court's 2023 ruling limiting race-conscious admissions in higher education, which many employers viewed as another signal to tighten up race-based decision making in any context.

Which Law is a Diversity, Equity, & Inclusion Policy Meant to Comply With?

There is no federal law that specifically requires a Diversity, Equity, & Inclusion policy for US-based employees. Employers would use this policy template if they need a framework to communicate their DEI programs to employees to answer employee FAQs and/or set clear expectations.

How to Write a Diversity, Equity, & Inclusion Policy

• Start with "why" and introduce the concept by stating your organization values diversity, promotes equity, and supports inclusion for all employees.
• State a clear commitment to a workplace free from discrimination and harassment.
• Commit to equal opportunity across hiring, development, and advancement.
• Describe the inclusive culture you want employees to experience, including respect, support, and empowerment to contribute.
• Include training and resources that build inclusive behaviors.
• Address bias reduction in hiring, performance evaluation, and promotion practices.
• Encourage open dialogue and continuous learning on DEI topics.
• Prohibit retaliation for good-faith DEI-related concerns and suggestions.
• Set the expectation that all employees will uphold DEI values in day-to-day work.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice.

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes with core anti-discrimination and anti-harassment laws (and have policies covering those topics). Consider adding it only if you have a DEI program to communicate with employees.

Other Considerations

None.

Exceptions

None.