Since taking office on January 20, 2025, President Trump has issued several executive orders that address inclusion, equity, and diversity (IE&D) programs and policies.1 Although these orders are important to consider, employers should be aware that they do not alter federal civil rights laws. Indeed, the language used in these orders specifically calls for the enforcement of existing laws, which provide that it is unlawful to make employment decisions based on an employee’s protected traits.
These orders therefore do not call into question the continued legality of IE&D programs that are consistent with non-discrimination laws and recent Supreme Court rulings. That said, we expect the new administration (including the Equal Employment Opportunity Commission) to scrutinize IE&D programs and initiatives very closely. Indeed, in her first statement as acting chair of the EEOC, Commissioner Andrea Lucas noted, “Consistent with the President’s Executive Orders and priorities, my priorities will include rooting out unlawful DEI-motivated race and sex discrimination…” Given this fact—and that numerous high-profile advocacy groups are committed to publicly highlighting and calling for investigation of IE&D programs they consider unlawful—employers are strongly advised to review their current practices and policies with experienced counsel under attorney-client privilege.
IE&D Executive Orders Repealed by President Trump
The following are some of the more...
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