The Department of Justice (DOJ) released new guidance July 29 as the federal government targets DEI programming at public and private institutions, while warning organizations against trying to skirt the guidance.

New clarity. The guidance from Attorney General Pam Bondi was directed towards any entity that receives federal funding, and focused on “best practices.” While it isn’t legally binding, it points to several instances where programs may pose discrimination risks. Much of the document contained reminders on established non-discrimination laws like Titles VI and VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972.

Some institutions have talked about retooling DEI to be more about other factors, such as socioeconomic diversity, but the government also warns against taking such steps, noting they could be considered “potentially unlawful proxies.” The DOJ claimed that “facially neutral criteria” in which employers may target a particular region to diversify its workforce may be legally risky if the proxy is meant to advantage a particular group.

Threats to ERGs. Perhaps most striking, the guidance suggests that employers should not be allowed to have organized resources or facilities based on protected characteristics, according to Alyesha Asghar, co-chair of the equal employment opportunity and inclusion practice at Littler. She believes that it’s an indirect nod to employee resource groups (ERGs).

For more on this guidance and what it means for ERGs, keep reading here.—KP

Employee engagement strategies have long been a talking point for companies, but might be more useless than you think.

That’s because many companies are implementing strategies to gauge employee engagement in the wrong way, according to Mark C. Crowley, author of The Power of Employee Well-Being: Move Beyond Engagement to Build Flourishing Teams, which will be published in late September. In his book, Crowley suggests how HR teams can reframe their attention to improving employee well-being instead.

“It’s time to stop talking about engagement,” Crowley told HR Brew. “Like nobody’s calling it out, and we still go through the exercise of focusing on engagement, talking about engagement, and there’s just no reason to continue to do that.”

Crowley shared more insights from his book in an interview with HR Brew.

For more on how HR pros can rethink employee engagement, keep reading here.—MC

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