What Employers Need to Know About President Trump's Executive Order on DEI Policies
By Storm B. Larson, Brian P. Goodman and Aiyanah Simms
Following his inauguration in January, President Trump signed a series of executive orders, including one entitled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This executive order directs federal agencies to "terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, and requirements" while encouraging private employers to do the same.
This order does not require employers to remove their existing diversity, equity, and inclusion (DEI) or anti-discrimination programs and initiatives, provided they are consistent with applicable existing laws. For example, this executive order does not override the Civil Rights Act of 1964. The executive order focuses specifically on exclusionary practices that are likely already discriminatory under existing law. The executive order merely emphasizes that enforcement against such practices will likely be a higher priority for the federal government going forward.
In light of the increased scrutiny by the federal government, some employers are eliminating, restructuring, or renaming their DEI programs. However, such changes are not necessarily required by law. Employers should carefully review their current DEI policies and initiatives with legal counsel to ensure they comply with federal, state, and local civil rights and anti-discrimination laws.
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