Articles Posted in DEI

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Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from applying for a summer internship because of diversity-focused hiring criteria was giving me “illegal DEI” vibes.

The catch? Even if everything she claimed was true, the court never actually ruled on whether the hiring policy was legal or not. Here’s why.

The Lawsuit That Never Got Off the Ground

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The federal government may be cracking down on what it deems “illegal DEI,” but a new memo from the Attorneys General of 15 states clarifies what most of us already knew: businesses can legally implement diversity, equity, inclusion, and accessibility initiatives. Moreover, these programs can help companies comply with civil rights laws and reduce the risk of discrimination claims. Here’s what employers need to know. Continue reading

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A federal judge in Maryland has issued a nationwide injunction halting key provisions of two executive orders that sought to limit workplace diversity, equity, and inclusion (DEI) programs. The ruling means that, for now, employers—especially federal contractors and grant recipients—can continue their DEI efforts without immediate legal risk. Continue reading

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President Trump’s recent Executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” has raised pressing questions about the future of workplace diversity, equity, and inclusion (DEI) initiatives. The order emphasizes enforcing civil rights laws, eliminating race- and sex-based preferences in federal policies, and promoting merit-based opportunities. In response, many employers are wondering: What does this mean for DEI programs in the private sector? Continue reading

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So much ink has been spilled recently about the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace. This week, a federal court weighed in on whether a Pacific Northwest employer’s DEI training created a hostile work environment for a white employee.

It didn’t.

More importantly, the court clarified a key point many have overlooked: DEI training is not inherently unlawful.

This ruling carries significant implications for employers dedicated to fostering inclusive workplaces with DEI training. Here are three key takeaways from the court’s decision. Continue reading

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On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion, and accessibility (DEIA) practices that discriminate based on race or sex. Employers must act now to ensure compliance and avoid potential legal challenges. Continue reading

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According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves that, while significant, were widely expected.

But President Trump hasn’t stopped there.

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ICYMI, President Trump has issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order aims to eliminate illegal discrimination and preferences based on race and sex in federal policies and practices, with significant implications for private businesses. Here’s what human resources professionals, employment lawyers, and business owners need to know about it: Continue reading

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Yesterday, President Trump appointed Andrea Lucas as the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), signaling notable changes for the agency tasked with enforcing federal anti-discrimination laws in the workplace. Lucas brings a clear set of priorities to address workplace discrimination. Here’s what HR professionals, employment lawyers, and business owners should know about them

1. Rights of Individuals > Group Outcomes

Lucas advocates for balanced enforcement of employment civil rights laws. She believes the EEOC’s role is to protect the rights of individuals, not to measure justice by group outcomes. This approach emphasizes that civil rights laws should be applied equally to everyone, regardless of their background. “I intend to dispel the notion that only the ‘right sort of’ charging party is welcome through our doors,” said Lucas.

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