We continue our series of topics addressed during Ward and Smith’s Employment Law Symposium, focusing on the current state of DEI.
X. Lightfoot, a member of the firm’s labor/employment group and a North Carolina State Bar Board Certified Specialist in Employment Law, offered an overview of recent changes pertaining to Diversity, Equity and Inclusion.
Diversity, Equity and Inclusion
“The legal landscape has been constantly shifting this year and I love that, because it gives me a chance to catch up with my clients and help them navigate these changes,” said Lightfoot. “Part of what I do is helping employers mitigate risk and ensure compliance.”
An eye-catching headline from early 2025 centered on Executive Order (EO) 14151, “Ending Radical and Wasteful Government DEI Programs.” A key phrase in the EO mentioned terminating all discriminatory programs, including illegal DEI programs.
The same “illegal DEI programs” phrase is also found in EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” In response, a federal court in Maryland issued a temporary injunction based on First Amendment violations and due process concerns over undefined terms, such as “illegal DEI.”
“Who knows what illegal DEI actually means? The thing is that the term was not defined in the Executive Order. Also, it’s not in the federal statutes…it’s not in Title VII or any regulations,” explained Lightfoot. “That’s why the court in Maryland was able to enjoin the order, pausing...
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