Department of Labor Sends Email Urging Whistleblowing on DEI-Related Discrimination

Late last week the Department of Labor sent an internal memo titled “Reporting DEI-Related Discrimination, Retaliation, and Related Whistleblower Disclosures.” It defined DEI-related discrimination as employment decisions—hiring, promotion, training, mentoring, assignments, awards—motivated wholly or partly by race, color, sex, national origin, religion, or other protected characteristic. Examples included restricting networking events to certain demographic groups, awarding compensation based on “diversity goals,” and any preference justified by “diversity” or “equity.” The memo noted a three-year statute of limitations, permitting reports of events before President Donald Trump took office in January 2025, and instructed staff to file complaints with Office of Special Counsel.

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The memo arrived amid heightened scrutiny of DEI programs in federal agencies. Sent from an unsigned “DOL Guidance and Information” account, it bears no senior leadership signature. Recipients include rank-and-file DOL employees, the Office of Special Counsel, and an anonymous employee who raised concerns.

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The Department of Labor did not immediately respond to requests for comment. The source does not identify the memo’s author nor explain how complaints will be investigated or what penalties may follow, leaving the enforcement process unclear.

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An anonymous DOL employee said the notice warned staff to report coworkers engaged in DEI activities, suggesting it could be used to monitor or penalize those involved in diversity initiatives. The comment signals concern about possible retaliation.

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"DEI-related discrimination occurs when any employment action (hiring, promotion, training access, mentoring, assignments, awards, etc.) is motivated in whole or in part by an employee’s or applicant’s race, color, sex, national origin, religion, or other protected characteristics." — Department of Labor internal email

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"The email, sent on Friday and viewed by WIRED, felt like it was a ‘reminder to narc on your coworkers for doing DEI.’" — Anonymous DOL employee

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"The email also reminds employees that the statute of limitations for reporting is three years, which would in theory allow employees to report events from before President Donald Trump took office in January 2025." — Department of Labor internal email

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"Instructions about how to file a whistleblower report with the Office of Special Counsel were also included in the email." — Department of Labor internal email

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The directive may shape perceptions of DEI within the DOL, potentially fostering a climate where employees monitor each other’s participation in diversity programs. By framing DEI actions as possible discrimination, the memo could deter staff from supporting such initiatives. Employees are invited to file complaints with Office of Special Counsel, suggesting a wave of whistleblower reports may follow. Ongoing oversight by external watchdogs and internal reviews could influence future DEI guidance.

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