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.
