147: Keep Doing You, Boo | Are Nonprofit DEI Initiatives Illegal? With Guest Megan Fuciarelli

Worried your nonprofit's DEI programs might be illegal now? You're not alone — and I can bet you won't be able to find the right answer on social media.

In this episode, I'm joined by Megan Fuciarelli from US2 Consulting to dig into what the latest EEOC guidance actually means for nonprofits trying to foster inclusion.

Real Listener Question: "My nonprofit has employee resource groups (ERGs) for LGBTQ+, Latinx, Black, and AAPI staff. They're popular, but I heard the EEOC says they might count as discrimination now. Do we need to shut them down, or is there a way to keep them safely?"

New EEOC guidance has nonprofits questioning whether DEI work — especially ERGs and affinity groups — puts them at legal risk. Megan and I break down what the rules really say, what's changing, and how nonprofits can protect themselves without abandoning their values. We also dig into the difference between ERGs and affinity groups, what's safe, what's risky, and why "don't panic" should be your new mantra.

What You'll Learn:

• What the new EEOC guidance actually says about workplace DEI initiatives
• The key legal differences between ERGs and affinity groups
• How to structure ERGs to stay compliant while fostering inclusion
• Why shutting everything down out of fear might not be the right move
• How executive orders, memos, and guidance impact nonprofit policies
• Why reviewing your internal policies and documents is critical right now
• How to keep advancing DEI goals while reducing legal risks

Bottom line: You don't have to throw out your DEI work just because the rules are shifting. With clarity, intention, and the right structures, your nonprofit can keep doing the work that aligns with your values — and stay compliant.

Resources from this Episode

• Learn more about Megan and US2 Consulting: https://us2consulting.com/
• Read the EEOC guidelines: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work and https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work
• Previous Episode: Why Record Retention & Data Management Systems Matter for Nonprofits: https://birkenlaw.com/charity-therapy-podcast/ct146/ 
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2025/08/CT147_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Megan Fuciarelli: https://www.linkedin.com/in/meganfuciarelli

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