🚨 New ERG Legal Guidance You Need To See

15 "Kitchen Killers", Religious ERGs & New Legal Notices

After almost two and a half weeks, I’m back from a much-needed vacation (aka I’m fired up).

Over the last two weeks, you may have seen on LinkedIn that I’ve shared the Kitchen Killers recap, but in segments. Each day, I’ve posted one of the 15 tips (except for yesterday, when I posted two).

This is a quick hack for you all: You don’t have to share a full event recap all at once—you can space it out in chunks instead.

Here’s a list of those below:

Also, there’s 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 agency’s 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 can’t do when it comes to expressing their religious beliefs at work. It confirms that employees have the right to practice their faith—and gives clear examples of what’s 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 rights—but must ensure expressions are voluntary and not coercive. Personal preferences or political opinions do not qualify for religious protection.

Action Items for ERG Programs

✅ Review your ERG policies
Make sure nothing unintentionally restricts religious expression beyond legal boundaries—especially if your ERG operates inside a federal agency.

✅ 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.

✅ Support reasonable accommodations
Religious holidays, dress, and observances must be accommodated unless they disrupt operations. ERG PMs should partner with HR on guidelines.

✅ 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).

✅ 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 protected—just like any other aspect of identity.

Implications for Non Federal Organizations

Even though this memo doesn’t 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 “Jews at Microsoft” employee group as an equal ERG.

The document serves two purposes: (1) Celebration and validation of Jewish employees’ efforts to gain equal recognition; and (2) Public accountability—noting 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 hadn’t 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 ERG…

Brandeis Center Commends Microsoft on Equal Recognition of ‘Jews at Microsoft’ Employee Network, July 8, 2025 

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 wasn’t a category. After facing legal pressure—and seeing Adobe make a similar change—they 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 doesn’t allow Jewish or other faith-ethnic groups to form official ERGs, this may be your signal to re-evaluate—especially under Title VII protections.

  • Rethink category-only frameworks
    “Race/gender-only” 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 you’re 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 funding—like companies, universities, local governments, nonprofits, and contractors—that 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 discriminatory—especially when practices are labeled as “Diversity,” “Equity,” or “Inclusion” 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 identity—even with good intent.

That means:

  • Race-exclusive events, scholarships, fellowships, or spaces are likely unlawful

  • Even “neutral” criteria like “lived experience” or “cultural competence” may be unlawful if used to advantage specific racial or gender groups

  • Trainings that stereotype (e.g., “all men have privilege”, “silence is violence”, “toxic masculinity”) 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., “Black-only leadership program” or “Latinx fellowship”) 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 facilitation—not identity-based restriction.

  • Stop using demographic quotas
    Avoid anything like “50% of participants must be BIPOC” or “at least one woman must be on every hiring panel.” 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 you’re using selection criteria that correlate with identity (e.g., “first-gen,” “low-income”), 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 aren’t 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 religion—even if those practices are wrapped in neutral terms like “lived experience” or “cultural competence.” 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 backlash—especially if your work isn’t rooted in clear, consistent, and legally sound practices.

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