Diversity, Equity and Inclusion Policy
Title VII Civil Rights Act — ADA — ADEA — Equal Pay Act
[Company Name]
[Company Street], [Company City], [State] [Company Zip]
Effective Date: [Policy Date]
1. POLICY STATEMENT
1.1 [Company Name] is committed to promoting diversity, equity, and inclusion in all aspects of its operations. We believe that a diverse workforce and an inclusive working environment are essential to our success and to the wellbeing of our employees.
1.2 [Company Name] is committed to ensuring that no employee, job applicant, contractor, or other person connected with the organization is treated less favorably or subjected to disadvantage on the basis of any characteristic protected by federal, state, or local law.
1.3 [Company Name] recognizes that diversity and inclusion are not simply matters of legal compliance but reflect our values as an organization. We are committed to creating a working environment in which everyone is treated with dignity and respect and in which individual differences are valued.
1.4 This policy applies to all employees, officers, directors, contractors, and other persons connected with [Company Name], as well as to third parties such as customers, clients, suppliers, and visitors to our premises.
2. LEGAL FRAMEWORK
2.1 This policy is made in compliance with the following federal laws and regulations:
- Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) — which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin. Following the Supreme Court's decision in Bostock v. Clayton County (2020), Title VII's prohibition on sex discrimination also encompasses sexual orientation and gender identity.
- Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 et seq.) — which prohibits discrimination against qualified individuals with disabilities and requires employers with 15 or more employees to provide reasonable accommodations.
- Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. 621 et seq.) — which prohibits discrimination against employees and applicants who are 40 years of age or older.
- Equal Pay Act of 1963 (29 U.S.C. 206(d)) — which requires equal pay for men and women performing substantially equal work in the same establishment.
- Genetic Information Nondiscrimination Act of 2008 (GINA) (42 U.S.C. 2000ff et seq.) — which prohibits discrimination based on genetic information.
- Executive Order 11246 — which requires federal contractors and subcontractors to take affirmative action to ensure equal employment opportunity.
- Applicable anti-discrimination laws of the State of [State].
2.2 This policy will be interpreted in a manner consistent with the requirements of the above statutes, any applicable EEOC guidance, and the anti-discrimination laws of [State].
3. SCOPE
3.1 This policy applies to all aspects of the employment relationship, including:
- Recruitment, selection, and onboarding.
- Terms and conditions of employment, including pay and benefits.
- Training, development, and promotion opportunities.
- Performance management and appraisal.
- Disciplinary and complaint procedures.
- Layoffs, reductions in force, and separations.
- Any other employment-related decisions.
3.2 This policy also applies to the conduct of employees outside of the workplace where such conduct has a material connection to the employment relationship, including conduct at work-related social events, business travel, and communications made using company devices or accounts.
3.3 All employees have a personal responsibility to behave in a manner consistent with this policy. Managers and supervisors have an additional responsibility to actively promote diversity and inclusion within their teams and to address any behavior that is inconsistent with this policy.
4. PROTECTED CATEGORIES
4.1 Under federal law, the following categories are protected from employment discrimination: race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, genetic information, and veteran status. Many states and localities provide additional protections.
4.2 This policy covers the following protected categories: [Protected Categories].
4.3 [Company Name] is committed to ensuring that no person is subjected to less favorable treatment, placed at a particular disadvantage, or subjected to unwanted conduct on the basis of any of the above protected categories.
5. FORMS OF PROHIBITED CONDUCT
5.1 The following forms of conduct are prohibited by this policy and by federal and state law:
5.2 Disparate treatment: Treating a person less favorably because of a protected characteristic than others would be treated in the same or similar circumstances.
5.3 Disparate impact: Applying a facially neutral employment policy or practice that has a disproportionate adverse effect on members of a protected group, where the policy or practice is not justified by business necessity.
5.4 Harassment: Unwanted conduct based on a protected characteristic that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. This includes sexual harassment, which may consist of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
5.5 Retaliation: Taking adverse action against a person because they have filed or are suspected of filing a discrimination complaint, participated in an investigation, or opposed a discriminatory practice.
5.6 Failure to provide reasonable accommodations: Failing to provide a reasonable accommodation to a qualified individual with a disability under the ADA, or for sincerely held religious beliefs under Title VII, absent undue hardship.
6. RECRUITMENT AND SELECTION
6.1 [Company Name] is committed to ensuring that recruitment and selection processes are fair, open, and free from unlawful discrimination. [Recruitment Commitment]
6.2 Job descriptions, qualifications, and all recruitment materials will be reviewed to ensure that they do not contain requirements that are directly or indirectly discriminatory, unless such requirements are justified by business necessity or constitute a bona fide occupational qualification (BFOQ) as permitted under Title VII.
6.3 Pre-employment inquiries about disability will only be made to the extent permitted by the ADA. Medical examinations may be required only after a conditional offer of employment has been extended, and must be applied uniformly to all entering employees in the same job category.
7. TRAINING AND DEVELOPMENT
7.1 [Company Name] is committed to providing equal access to training and development opportunities for all employees, regardless of any protected characteristic.
7.2 [Training Commitment]
7.3 Training and development opportunities will be assessed on the basis of business need and individual development requirements. Decisions about training, promotion, and career development will not be influenced by any protected characteristic.
8. REASONABLE ACCOMMODATIONS
8.1 Under the Americans with Disabilities Act (42 U.S.C. 12111-12117), [Company Name] will provide reasonable accommodations to qualified individuals with disabilities to enable them to perform the essential functions of their position, unless doing so would impose an undue hardship on the operation of the business.
8.2 [Reasonable Accommodations Approach]
8.3 [Company Name] will also provide reasonable accommodations for sincerely held religious beliefs, observances, or practices under Title VII, unless doing so would impose an undue hardship. Following the Supreme Court's decision in Groff v. DeJoy (2023), undue hardship requires a showing that the accommodation would result in substantial increased costs in relation to the conduct of the employer's particular business.
8.4 All accommodation requests will be handled confidentially and sensitively. The cost of a reasonable accommodation will not be passed on to the employee or applicant. [Company Name] will engage with the Job Accommodation Network (JAN), a program of the U.S. Department of Labor's Office of Disability Employment Policy, where this may assist in identifying effective accommodations.
9. HARASSMENT AND HOSTILE WORK ENVIRONMENT
9.1 [Company Name] will not tolerate any form of harassment in the workplace or in connection with work. Every employee has the right to work in an environment free from harassment, bullying, and intimidation.
9.2 Harassment is unlawful when: (a) enduring the offensive conduct becomes a condition of continued employment (quid pro quo harassment); or (b) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive (hostile work environment harassment).
9.3 Examples of conduct that may constitute harassment include: offensive comments, jokes, or slurs based on a protected characteristic; unwanted physical contact; displaying offensive materials; sending offensive messages by electronic means; and deliberately excluding a person from meetings or activities because of a protected characteristic.
9.4 Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions, or such conduct unreasonably interferes with work performance or creates a hostile environment.
9.5 Third-party harassment — that is, harassment of an employee by a customer, client, contractor, or other person who is not an employee of [Company Name] — will be taken seriously. Managers and supervisors are required to take reasonable steps to prevent and address harassment of employees by third parties.
10. RAISING A CONCERN — COMPLAINT PROCEDURE
10.1 Any employee who believes they have been subjected to discrimination, harassment, retaliation, or any other breach of this policy should feel confident in raising a complaint. [Company Name] takes all such complaints seriously and will investigate them promptly, confidentially, and impartially.
10.2 Employees are encouraged in the first instance to speak informally with their manager, the Diversity and Inclusion Officer, or the HR department. Where an employee does not feel comfortable raising the matter informally, or where informal resolution is not appropriate, the formal complaint procedure should be followed.
10.3 The applicable complaint procedure is: [Grievance Procedure Reference].
10.4 The Diversity and Inclusion Officer designated to receive and coordinate responses to diversity and inclusion concerns is [DEI Officer Name], who may be contacted at [DEI Officer Email].
10.5 No employee will be subjected to retaliation for making a complaint or raising a concern in good faith under this policy. Retaliation is prohibited under Title VII, the ADA, the ADEA, and state law. Any person who retaliates against a complainant will be subject to disciplinary action.
10.6 If an employee is not satisfied with the outcome of the internal complaint procedure, they may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the applicable state or local fair employment practices agency. Under federal law, a charge must generally be filed within 180 days of the alleged discriminatory act, or within 300 days in states with a state or local fair employment practices agency.
11. MONITORING AND REPORTING
11.1 [Company Name] is committed to monitoring the effectiveness of this policy and to taking action where monitoring reveals that diversity objectives are not being achieved.
11.2 [Monitoring And Reporting]
11.3 Diversity data collected for monitoring purposes will be maintained securely and in compliance with applicable privacy laws. Monitoring data will be processed in anonymized or aggregated form wherever possible.
11.4 The Diversity and Inclusion Officer ([DEI Officer Name]) is responsible for coordinating the collection and analysis of diversity monitoring data and for reporting findings to senior management.
12. RESPONSIBILITIES
12.1 Senior Leadership is responsible for: demonstrating commitment to diversity and inclusion at the highest level; approving and reviewing this policy; ensuring that sufficient resources are allocated to diversity and inclusion initiatives; and setting diversity objectives and reviewing progress against them.
12.2 The Diversity and Inclusion Officer ([DEI Officer Name]) is responsible for: implementing this policy; advising managers and employees on diversity and inclusion matters; coordinating diversity training; handling concerns and complaints relating to diversity and inclusion; monitoring and reporting on diversity data; and keeping this policy up to date.
12.3 Managers and Supervisors are responsible for: promoting and upholding the principles of this policy within their teams; treating all employees fairly and with dignity and respect; implementing reasonable accommodations; addressing any conduct that is inconsistent with this policy promptly and effectively; and attending all required diversity and inclusion training.
12.4 All Employees are responsible for: treating colleagues, customers, clients, and other persons with dignity and respect; not engaging in discriminatory, harassing, or retaliatory conduct; reporting any concerns about diversity and inclusion to their manager, the Diversity and Inclusion Officer, or HR; and completing all required diversity and inclusion training.
13. DISCIPLINARY ACTION
13.1 Breaches of this policy are treated seriously by [Company Name] and may result in disciplinary action.
13.2 [Disciplinary Action]
13.3 Disciplinary proceedings will be conducted in accordance with the company's Disciplinary Policy. Allegations of discrimination or harassment will be investigated thoroughly, fairly, and without undue delay.
14. POLICY REVIEW
14.1 This policy will be reviewed by the policy owner at least annually, or sooner following any significant change in federal, state, or local law, EEOC guidance, or organizational structure, or following any incident that highlights a deficiency in current diversity and inclusion practices.
14.2 The policy owner responsible for maintaining and reviewing this policy is: [Policy Owner].
14.3 The next scheduled review date is: [Review Date].
14.4 Amendments to this policy will be communicated to all employees and relevant stakeholders.
15. POLICY APPROVAL
This Diversity, Equity and Inclusion Policy has been reviewed and approved on [Approval Date] by [Approved By] on behalf of [Company Name].
This policy complies with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Genetic Information Nondiscrimination Act of 2008, and the anti-discrimination laws of the State of [State].
Diversity and Inclusion Officer: [DEI Officer Name] ([DEI Officer Email])
Policy Owner: [Policy Owner]
Approved By: [Approved By]
Effective Date: [Policy Date]
Next Review Date: [Review Date]
Approved By / Authorized Signatory
[Approved By]
Signature
Date: ________________
What Is a Diversity, Equity and Inclusion Policy?
A Diversity, Equity and Inclusion Policy in the United States sets out the rules and standards the organisation expects those it covers to follow.
In the United States, workplace anti-discrimination protection is established by a complete framework of federal, state, and local laws. Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) is the foundational federal employment anti-discrimination statute, prohibiting discrimination on the basis of race, color, religion, sex, and national origin. Following the Supreme Court's landmark decision in Bostock v. Clayton County, Georgia (2020), Title VII's prohibition on sex discrimination has been interpreted to encompass discrimination based on sexual orientation and gender identity.
The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 et seq.) prohibits discrimination against qualified individuals with disabilities and requires employers with 15 or more employees to provide reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. 621 et seq.) protects employees and applicants who are 40 years of age or older. The Equal Pay Act of 1963 (29 U.S.C. 206(d)) requires equal pay for men and women performing substantially equal work. The Genetic Information Nondiscrimination Act of 2008 (GINA) (42 U.S.C. 2000ff et seq.) prohibits discrimination based on genetic information.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal anti-discrimination laws. The EEOC issues guidance, investigates charges of discrimination, and may bring enforcement actions against employers. Many states and localities have enacted their own anti-discrimination statutes that may provide broader protections than federal law.
When Do You Need a Diversity, Equity and Inclusion Policy?
A Diversity, Equity and Inclusion Policy is needed by every employer in the United States, regardless of size or industry. While the specific statutory thresholds vary (Title VII and the ADA apply to employers with 15 or more employees; the ADEA applies to employers with 20 or more), having a written DEI policy is a recognized best practice for all organizations and is recommended by the EEOC.
The policy is particularly important for employers subject to federal contractor requirements. Under Executive Order 11246, federal contractors and subcontractors with contracts of $10,000 or more must take affirmative action to confirm equal employment opportunity. Contractors with 50 or more employees and contracts of $50,000 or more must develop and maintain a written affirmative action program (AAP). The Office of Federal Contract Compliance Programs (OFCCP) enforces these requirements.
Employers required to file the EEO-1 report (those with 100 or more employees, or federal contractors with 50 or more employees) should have a DEI policy that demonstrates their commitment to equal employment opportunity and forms part of their overall compliance framework.
The policy should be established when an organization is formed or when operations begin. It should be reviewed at least annually and updated whenever there is a significant change in federal, state, or local anti-discrimination law, a change in organizational structure, or following any incident that reveals deficiencies in existing diversity and inclusion practices.
Having a written DEI policy also provides important protection in the event of an EEOC investigation or employment discrimination lawsuit. Courts and the EEOC consider the existence and effectiveness of anti-discrimination policies as a relevant factor in determining employer liability under the Faragher-Ellerth defense framework established by the Supreme Court in Faragher v. City of Boca Raton (1998) and Burlington Industries, Inc. v. Ellerth (1998).
What to Include in Your Diversity, Equity and Inclusion Policy
A complete Diversity, Equity and Inclusion Policy must address several essential elements to comply with federal and state requirements and provide meaningful protection to employees.
The policy statement should affirm the organization's commitment to diversity, equity, and inclusion and should apply to all aspects of the employment relationship, including recruitment, terms and conditions of employment, training, promotion, discipline, and separation.
The legal framework section should identify the applicable federal laws (Title VII, ADA, ADEA, Equal Pay Act, GINA) and any applicable state and local anti-discrimination statutes. The scope should identify all persons covered by the policy.
Protected categories should be clearly enumerated, including all federally protected categories and any additional categories protected under applicable state law. The forms of prohibited conduct should be described, including disparate treatment, disparate impact, harassment, retaliation, and failure to accommodate.
Recruitment and selection commitments should describe specific steps the organization takes to confirm fair hiring practices, including diverse candidate sourcing, structured interviews, and anti-bias training for hiring managers.
Reasonable accommodations provisions should describe the organization's approach to the ADA interactive process and religious accommodations under Title VII, including the process for requesting and evaluating accommodations.
Harassment prevention should address both quid pro quo and hostile work environment harassment, provide examples of prohibited conduct, and address third-party harassment. The complaint procedure should describe both informal and formal reporting channels.
Monitoring and reporting should describe how the organization collects and analyzes diversity data, including EEO-1 reporting obligations for covered employers. The designated DEI officer, disciplinary consequences, and policy review schedule should be clearly identified.
Sources & Citations
Statutory citations link to official government sources.
- 42 U.S.C. 2000eUS – Cornell LII
- 42 U.S.C. 12101US – Cornell LII
- 29 U.S.C. 621US – Cornell LII
- 29 U.S.C. 206US – Cornell LII
- 42 U.S.C. 2000fUS – Cornell LII
- Americans with Disabilities Act of 1990US – Cornell LII
- ADAUS – Cornell LII
- Age Discrimination in Employment Act of 1967US – Cornell LII
- ADEAUS – Cornell LII
- Title VII of the Civil Rights Act of 1964US – Cornell LII
- Title VIIUS – Cornell LII
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Diversity, Equity and Inclusion Policy (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/business/policies/diversity-equity-inclusion-policy
"Diversity, Equity and Inclusion Policy (United States)." Forms Legal, 2026, https://forms-legal.com/usa/business/policies/diversity-equity-inclusion-policy.
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year = {2026},
howpublished = {\url{https://forms-legal.com/usa/business/policies/diversity-equity-inclusion-policy}},
note = {Free legal document template. Based on Uniform Commercial Code (UCC)}
}Also available for these jurisdictions:
Frequently Asked Questions
A diversity, equity, and inclusion (DEI) policy is a written statement of an organization's commitment to fostering a workplace that values diverse backgrounds, provides fair treatment and opportunity, and creates an inclusive environment where all employees can contribute. The policy typically articulates the organization's goals regarding workforce diversity, equitable practices in hiring, pay, and advancement, and an inclusive culture, and it may outline programs, training, and accountability measures to support these goals. A DEI policy can also reinforce the organization's compliance with anti-discrimination laws, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, which prohibit discrimination based on protected characteristics. The policy should be tailored to the organization and applied consistently, and it should be designed to comply with applicable employment laws, since employment decisions must not discriminate. Because the legal landscape around certain DEI practices has been evolving, organizations should ensure their policies and programs are lawful. A DEI policy communicates the organization's values and approach to diversity, equity, and inclusion while supporting a fair, nondiscriminatory workplace consistent with employment law.
DEI policies are generally not specifically required by law, but the underlying anti-discrimination obligations they support are mandated by federal and state employment laws. Employers are not typically required to adopt a formal diversity, equity, and inclusion policy, but they are required to comply with laws prohibiting employment discrimination based on protected characteristics, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and various state and local laws. A DEI policy can help an organization meet these obligations by promoting fair, nondiscriminatory practices and an inclusive workplace. Some government contractors have had affirmative action obligations under certain regulations, though the legal requirements in this area have been changing. At the same time, employers must ensure that their DEI programs themselves comply with anti-discrimination laws, since employment decisions must not favor or disadvantage individuals based on protected characteristics in unlawful ways, an area receiving increased legal scrutiny. Because the anti-discrimination laws are mandatory while a formal DEI policy is generally optional, organizations should comply with the law and may adopt a DEI policy to support those obligations, ensuring the policy and programs are themselves lawful.
A DEI policy should include a statement of the organization's commitment to diversity, equity, and inclusion, the goals it seeks to achieve, the practices and programs that support those goals, and a reaffirmation of its commitment to equal opportunity and nondiscrimination. The policy commonly addresses fair and inclusive practices in recruitment, hiring, pay, promotion, and development, an inclusive and respectful workplace culture, and any training or initiatives the organization offers. It should reference the organization's compliance with anti-discrimination laws and its prohibition of discrimination and harassment based on protected characteristics. The policy may also describe accountability measures, how concerns can be raised, and the roles responsible for implementation. Importantly, the policy and any associated programs should be designed to comply with employment laws, so that they promote fairness and inclusion without making employment decisions based on protected characteristics in unlawful ways. Because the legal environment around certain DEI practices is evolving, the policy should be drafted carefully and reviewed for compliance. A DEI policy that articulates the organization's commitment and lawful practices supports an inclusive, nondiscriminatory workplace while aligning with applicable employment law.
DEI programs can create legal risk for employers if they are designed or implemented in ways that make employment decisions based on protected characteristics in violation of anti-discrimination laws, an area of increasing legal attention. While promoting diversity, equity, and inclusion and maintaining a nondiscriminatory workplace are lawful and beneficial goals, employers must ensure that specific practices do not cross into unlawful discrimination, such as making hiring, promotion, or other decisions that favor or disadvantage individuals because of race, sex, or another protected characteristic, since Title VII and related laws prohibit discrimination against any individual on those bases. Practices like quotas or preferences based on protected characteristics carry particular risk, and the legal landscape, including the treatment of certain affirmative action and DEI practices, has been evolving following court decisions and regulatory developments. To manage risk, employers should focus DEI efforts on broadening opportunity, removing barriers, and ensuring fair, merit-based and nondiscriminatory practices, and have policies and programs reviewed for legal compliance. Because DEI programs must operate within anti-discrimination law, employers should design them carefully and seek legal guidance to avoid creating liability while pursuing legitimate diversity and inclusion goals.
A DEI policy relates to anti-discrimination laws by supporting the organization's compliance with those laws while pursuing broader goals of diversity, equity, and inclusion, and it must operate consistently with them. Anti-discrimination laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, prohibit employment discrimination based on protected characteristics such as race, color, religion, sex, national origin, age, and disability, and they form the legal baseline that all employers must meet. A DEI policy reinforces this baseline by committing the organization to equal opportunity and nondiscrimination, and it goes further by promoting an inclusive culture and fair practices that broaden opportunity. The key relationship is that the DEI policy and its programs must themselves comply with anti-discrimination laws, meaning they should not make employment decisions based on protected characteristics in unlawful ways. Because the policy operates within the framework of anti-discrimination law, it should be designed to advance inclusion and fairness without violating the prohibition on discrimination. A well-crafted DEI policy supports compliance with anti-discrimination laws while fostering diversity and inclusion in a lawful manner.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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