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Tuesday, November 18, 2025

‘Lean on the law’: Attorneys urge employers to stay the course on DEI - HR Dive

Use Title VII and company values as your North Star, experts said at an employment law event Thursday.

DENVER — Employers are no doubt facing a challenging cultural climate with respect to diversity, equity and inclusion. But that doesn’t mean they have to eschew DEI practices, attorneys repeatedly said Thursday at an American Bar Association event.

The Trump administration has put employers on notice, saying it intends to target “unlawful DEI.” But “unlawful DEI was unlawful in 2024, and it is still unlawful in 2025,” said Tobias Spruill, director and head of North American employment law and employee benefits at LinkedIn; “It was never lawful to hire somebody on the basis of race under Title VII.”

Despite claims that the existence of DEI programs or statements amount to discrimination against individuals such as men and White employees, employers should note that courts are still applying traditional discrimination principles, several speakers noted.

“The law is still the law. Title VII is still Title VII,” said Spruill. “Lean on the law.”

To be clear, DEI programs should be rooted in equal employment opportunity for all, Spruill said. In practice, this means, for example, allowing everyone to participate in a “women in tech” event. This should have been the practice anyway, he said, but employers can clarify that events, employee resources groups, mentorships and other programs are open to all workers.

When programs are implemented properly, “this administration would...



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