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- đ¨ New ERG Legal Guidance You Need To See
đ¨ New ERG Legal Guidance You Need To See
15 "Kitchen Killers", Religious ERGs & New Legal Notices
After almost two and a half weeks, Iâm back from a much-needed vacation (aka Iâm fired up).
Over the last two weeks, you may have seen on LinkedIn that Iâve shared the Kitchen Killers recap, but in segments. Each day, Iâve posted one of the 15 tips (except for yesterday, when I posted two).
This is a quick hack for you all: You donât have to share a full event recap all at onceâyou can space it out in chunks instead.
Hereâs a list of those below:
No Clean Up Crew (no survey strategy)
Rushing the Simmer (trying to pack too much in one event)
Also, thereâs been a lot happening in the legal space as it relates to ERGs. Details below:
Disclaimer: The summaries below are for general informational purposes only and are not legal advice. Be sure to consult your agencyâs legal or HR team for specific guidance on if and how to apply these action items within your program.
Issued July 28, 2025
By the U.S. Office of Personnel Management (OPM)
What It Is
A memo from the U.S. government that explains what federal employees can and canât do when it comes to expressing their religious beliefs at work. It confirms that employees have the right to practice their faithâand gives clear examples of whatâs allowed.
Who Should Pay Attention
If your ERG Program is within a federal agency
If your ERG Program is part of a contractor organization
If your ERG Program partners with or serves federal employees
Your company receives federal funding (grants, subsidies, reimbursements)
Put Simply
Federal employees are legally protected to express their religious beliefs at work privately and in groups unless it causes undue business hardship. This includes:
Wearing religious symbols or clothing
Having religious items at their desk
Talking about their beliefs with coworkers
Hosting voluntary prayer groups
Posting religious messages on public bulletin boards (if personal posts are allowed generally)
Supervisors also have these rightsâbut must ensure expressions are voluntary and not coercive. Personal preferences or political opinions do not qualify for religious protection.
Action Items for ERG Programs
â
Review your ERG policies
Make sure nothing unintentionally restricts religious expression beyond legal boundariesâespecially if your ERG operates inside a federal agency.
â
Ensure equal space for religious ERGs
Faith-based ERGs (e.g., Christian, Muslim, Jewish affinity groups) should be given equal treatment and access as other identity-based ERGs.
â
Support reasonable accommodations
Religious holidays, dress, and observances must be accommodated unless they disrupt operations. ERG PMs should partner with HR on guidelines.
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Train your ERG leads
Educate them on what counts as protected religious expression so they can facilitate discussion without crossing legal lines (e.g., proselytizing vs. harassment).
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Document your practices
If your ERG supports or partners with federal agencies, make sure your handbooks, onboarding guides, and programming standards explicitly reflect that religious expression is welcome and protectedâjust like any other aspect of identity.
Implications for Non Federal Organizations
Even though this memo doesnât technically apply to you, it signals a growing expectation to:
Protect religious expression
Accommodate religious practices
Offer equal footing to faith-based ERGs
And if you touch federal dollars in any form (grants, partnerships, contracts) these protections are no longer optional.
Announced July 8, 2025
Publicly acknowledged by the Louis D. Brandeis Center for Human Rights Under Law
What It Is
This is a public statement from the Louis D. Brandeis Center for Human Rights Under Law, formally commending Microsoft for its decision to officially recognize the âJews at Microsoftâ employee group as an equal ERG.
The document serves two purposes: (1) Celebration and validation of Jewish employeesâ efforts to gain equal recognition; and (2) Public accountabilityânoting that this recognition came after legal pressure from the Brandeis Center, which had warned Microsoft that excluding a Jewish ERG may violate anti-discrimination laws.
It also positions the Brandeis Center as an advocate for Jewish employees across workplaces, signaling that it is willing to take legal action when Jewish identity is excluded from DEI or ERG programs.
Microsoft hadnât recognized religion as a category of identity permitted to establish an ERG, and refused to recognize the ethnic characteristic of Jewish identity; thus, Microsoft refused to recognize a Jewish ERGâŚ
Who Should Pay Attention
ERG Program Managers without Jewish ERGs
Put Simply
Microsoft used to deny Jewish employees the ability to form an officially recognized ERG, saying religion wasnât a category. After facing legal pressureâand seeing Adobe make a similar changeâthey reversed course. Now Jewish employees at Microsoft get the same platform, funding, and career development opportunities as other ethnic identity groups.
This is a major precedent that could influence how other companies treat Jewish ERGs and faith-ethnic intersectional identities moving forward.
Action Items for ERGs
Review your ERG eligibility criteria
If your company doesnât allow Jewish or other faith-ethnic groups to form official ERGs, this may be your signal to re-evaluateâespecially under Title VII protections.Rethink category-only frameworks
âRace/gender-onlyâ ERG structures may be out of legal alignment. There may be an upcoming shift toward a more identity-inclusive approaches.Use this case as leverage as needed
If youâre are pushing for recognition of a currently informal or blocked Jewish ERG, point directly to this Microsoft precedent.
Issued July 29, 2025
From the U.S. Department of Justice, Office of the Attorney General
What It Is
This is formal guidance from the U.S. Attorney General warning all entities that receive federal fundingâlike companies, universities, local governments, nonprofits, and contractorsâthat their DEI-related practices may be unlawful if they involve discrimination based on protected characteristics (like race, sex, or religion).
It outlines specific examples of what the government now considers discriminatoryâespecially when practices are labeled as âDiversity,â âEquity,â or âInclusionâ but result in exclusion, segregation, or favoritism.
Who Should Pay Attention
Those with initiatives funded directly or indirectly with federal dollars
Corporations and universities with federal contracts or grants
ERG Program Managers building identity-based opportunities, safe spaces, or trainings
Put Simply
If your ERG programming is funded with federal money (directly or indirectly), you can no longer design it to prioritize or exclude people based on identityâeven with good intent.
That means:
Race-exclusive events, scholarships, fellowships, or spaces are likely unlawful
Even âneutralâ criteria like âlived experienceâ or âcultural competenceâ may be unlawful if used to advantage specific racial or gender groups
Trainings that stereotype (e.g., âall men have privilegeâ, âsilence is violenceâ, âtoxic masculinityâ) or separate participants by race are now flagged as hostile environment risks
Using quotas, diverse hiring slates, or demographic-based vendor preferences can also violate federal law
Action Items for ERGs
Audit your ERG programs for legal exposure
Any ERG offering identity-exclusive opportunities (e.g., âBlack-only leadership programâ or âLatinx fellowshipâ) should pause and reevaluate. Even DEI training sessions that separate people by race or gender may be legally risky under this memo.Replace demographic criteria with skill-based ones
Shift from identity-based participation requirements to open eligibility based on qualifications, interest, or role relevance. (THIS INCLUDES ERG LEADERSHIP CRITERIA.)Reframe safe spaces
Open up event and sessions to all while preserving psychological safety through intentional facilitationânot identity-based restriction.Stop using demographic quotas
Avoid anything like â50% of participants must be BIPOCâ or âat least one woman must be on every hiring panel.â Replace with inclusive pipelines and merit-based rubrics.Work closely with your legal team
This memo suggests increased federal scrutiny and even funding revocation for violations. If your ERG, DEI work, or vendors touch federal dollars in any way, ensure legal is reviewing frameworks and policies.Document everything
If youâre using selection criteria that correlate with identity (e.g., âfirst-gen,â âlow-incomeâ), make sure the rationale is clearly documented and not a proxy for race or sex.Create non-retaliation channels
If an employee refuses to participate in a DEI or ERG activity they believe is discriminatory, you must protect them from backlash. Add this to your ERG playbooks and onboarding.
Implications for Non Federal Organizations
Even if you arenât directly receiving federal dollars, this memo is a clear warning shot:
Courts, employees, and advocacy groups now have a roadmap to challenge practices that prioritize or exclude based on race, sex, or religionâeven if those practices are wrapped in neutral terms like âlived experienceâ or âcultural competence.â Trainings that stereotype people or pressure them to agree with certain beliefs could now be seen as creating a hostile work environment. And even without direct federal funding, businesses that contract with government agencies, universities, or healthcare systems could find themselves exposed through partner compliance audits. In short, non-federal status does not protect you from legal, reputational, or employee backlashâespecially if your work isnât rooted in clear, consistent, and legally sound practices.
â ď¸ Quick Warning: Cohort Applications Close Thursday, August 21st
![]() | If youâve been eyeing ERG Chef Academyâ˘, nowâs the time to act. This is your final heads-up: applications close next Thursday and we might not run this public cohort again. This 7-week experience is for ERG folks who are tired of winging it. Youâll learn how to build strategic, consistent, and creative ERG programming that actually engages your members and gets noticed by leadership - and youâll walk away with Community Facilitator Linkedin Certification to prove it. Community Facilitation is a skill - donât miss your chance to learn it, practice it, and get certified for it inside ERG Chef Academy. |
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