Reporting DEI-Related Discrimination

This memorandum from the Department of Defense (DOD) to civilian employees outlines formal channels for reporting employment discrimination related to diversity, equity, and inclusion (DEI) programs and preferencing. The memo defines "DEI-related discrimination" as an employment action (hiring, promotion, training access, awards, etc.) that "is motivated in whole or in part by an employee's or applicant's race, color, sex, national origin, religion, or other protected characteristic." It provides several examples of actions that would qualify as DEI-related discrimination under its definition, including requiring "diverse slates," demographic targets, or quotas; preferring or excluding candidates for training, mentorship, internships, or advancement based on protected characteristics; restricting participation in Employee Resource Groups (ERGs), networking events, or professional development to specific racial, ethnic, or sex groups, etc. Employees are directed to two reporting channels: (1) the U.S. Office of Special Counsel (OSC), which handles whistleblower disclosures under 5 U.S.C. § 1213 and prohibited personnel practice complaints under 5 U.S.C. § 2302(b), and (2) the local Equal Employment Opportunity (EEO) Office, subject to a 45-day filing window. The memorandum highlights that the three-year statute of limitations for prohibited personnel practice complaints means that "complaints filed now can address any prior actions that fall within the three-year window…including actions that took place in previous administrations."