At this point, all employers should be aware of the heightened risks arising from maintaining DEI programs in the age of President Trump. As we have discussed, the EEOC is increasingly focused on protecting majorities, rather than traditionally marginalized groups. This has led directly to significant settlements based on allegedly unlawful DEI practices.
However, not all DEI-adjacent programs and strategies are created equal. Some — especially those that tie specific outcomes to applicants’ or employees’ race, sex, or other demographics — pose significant practical risks. But other programs should generally remain low-risk and in the toolbox of potential tools that employers can use to promote an inclusive workplace.
Training on DEI topics should fall into the latter low-risk bucket. When done right, training programs promote belonging and understanding, encourage dialogue, and serve as powerful evidence of an employer’s commitment to equal opportunity. But when done wrong, they can create real legal risk.
As we approach the 2026 midterm elections and the midpoint of President Trump’s second term, it’s a good time to assess what separates a good training program from a bad one.
We are now several years into the phase of employee lawsuits alleging that training programs violate their rights. Most courts have decisively dismissed those lawsuits.
Most commonly, these lawsuits allege that a...
Pauline Hanson and Anthony Albanese traded insults during a live televised debate. Our verdict False. The quotes attributed to the politicians have been fabricated by a foreign-run disinformation ...