Takeaways

• Challenges to DEI programs are at an all-time high, but it remains the law that employers are required to provide equal employment opportunity (EEO).
• That said, the use of shorthand and acronyms to describe DEI and EEO activities increases the risk of legal challenges to programs.
• A DEI assessment can help an employer define and refine its objectives; understand its employment practices to identify legal, business and reputational risks; and develop a strategy for ensuring EEO within the bounds of the law.

Related link

• Trump Administration Revokes EO 11246, Prohibits ‘Illegal’ DEI: What the EO Ending Illegal Discrimination and Restoring Merit-Based Opportunity Means for Employers

Article

Challenges to diversity, equity and inclusion (DEI) programs are at an all-time high and increasing. Executive orders (EOs) issued by President Donald Trump prohibit “illegal DEI” activities by federal agencies, contractors, and grantees, but they do not define “illegal DEI.” The EOs also direct agencies to investigate whether the DEI practices of private, non-federal contractor employers violate federal civil rights laws.

DEI is a catch-all phrase that can mean different things to different people. But, DEI done correctly is not per se illegal. Title VII of the Civil Rights Act and other anti-discrimination laws prohibit discrimination on the basis of race, gender, and other protected characteristics. Treating employees differently with respect to their employment because of...

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