Written by Sumayyah Emeh-Edu, Speaker & Consultant for Embedded Consulting & Elaine Marino, Founder of Equili

Join Us: We’ll be hosting an informal discussion and Q&A at TARRA on March 7, 2025 from 12:30-2 pm. Bring your lunch or stop by, for a calendar invite, email [email protected]

The Current State of Federal Measures

On January 20th and 21st, President Trump issued five Executive Orders focused on Diversity, Equity and Inclusion (DEI). In this post, we will explain what they are, who they impact and a path forward.

The true power of Executive Orders lie within the Federal government; they direct actions taken within the federal government and by federal contractors. Executive Orders do not enact new laws or change existing laws such as Title VII of the 1964 Civil Rights Act and court decisions remain the same.

Most importantly, Executive Orders do not direct the actions of private entities and a federal judge recently blocked many of the EO provisions. However, they do influence private entities through intimidation and increasing risk, including:

1. Rescinding Affirmative Action Requirements (EO 11246) for federal contractors, causing federal contractors like Target, Amazon and Google to publicly move away from voluntary DEI programming in order to reduce their exposure.
2. Encouraging activist investors to buy shares in a company in order to represent their demands.
3. Emboldening and encouraging reverse discrimination lawsuits against employers with DEI programs. 
4. Smear campaigns in the media or outright requests to boycott products.
5. Filing lawsuits against companies forcing them to defend their actions; taking time, money and effort from private organizations, such as the 19 state Attorney Generals warning Costco to stop “illegal DEI” work. 

We can expect more publicly traded corporations, non-profits, foundations and institutions to receive Attorney General pressure to “End Illegal DEI Discrimination and Preferences,” as this tactic is explicitly called out in EO 14173. (Note: “Illegal DEI” has not yet been defined.)

Business Leaders

With the exception of compliance laws, such as mandatory sexual harassment training, all DEI efforts at the corporate level have always been and remain voluntary and directed by business leaders. The success of DEI in the private sector has always relied on leaders believing in the power of diversity and the desire for equitable systems and processes. This is still true.

Language Matters

What has changed and will continue to evolve is the language used for these efforts. Rather than equity, the word is now merit. As David Glasgow the executive director of the Meltzer Center for Diversity, Inclusion, and Belonging and an adjunct professor at NYU School of Law so eloquently states:

“No matter what happens to the field of DEI as it is presently constituted and branded, the underlying work will endure. What we are all trying to work on together is how do we live together in a multiracial democracy and create institutions of opportunity and fairness where people show up to work each day and feel that they have a fair shot at being hired or promoted. There are too many people in this country that care about these issues for that project to go away.”

Discrimination is Still Illegal

Discrimination on the basis of race, religion, sex, age, disability, and national origin is still illegal. And all citizens of the United States are still protected from discrimination. Potential changes for these protected classes and what those changes actually mean will be decided by the courts in the coming months and years. This is particularly true for the transgender community, where many of their rights and protections have been called out in the executive orders. 

Affirmative Action Changing

Executive Order 11216 signed by President Johnson in 1965 has been rescinded. This means Federal agencies and Federal Contractors no longer have to report their EEO1 data nor track the gender or race of their hiring and representation. That being said, there is a 90-day safe harbor (until April 21, 2025), which means companies who have always done Affirmative Action reporting, should still report. Additionally, there are many states that uphold Affirmative Action. 

It is important to note that the Executive Orders did not impact people with disabilities or veterans. And for now, Affirmative Action still applies to people with disabilities and veterans.  

The Risk

Companies that do business with the federal government (i.e., federal contractors) are impacted and have to navigate the landscape carefully. These companies have done or will be doing risk assessments to determine which of their DEI programs they keep and which they remove. In general, these companies will need to remove “lifting up” programs but can keep merit-based and “leveling” programs. For instance, companies will likely remove hiring targets for specific groups of people, but keep blind resume reviews.  

It is a tricky time for companies as they will also need to weigh the risk of opening themselves to lawsuits filed by traditionally marginalized groups. If you are a company in this position we suggest seeking the advice of both a DEI professional and legal counsel. 

The Path Forward

As we enter into this new era, it is very important for us to have tools to engage with those who oppose diversity, equity and inclusion or are uninformed, as well as protect the most vulnerable among us.  There are a myriad of ways that you can get involved, but realize it may get worse before it gets better. We want to encourage you to never give up on the principles of equity and inclusion because they are what keeps cruelty and inhumanity in check. We are providing some guidelines below:

In Your Community

 

• • Critical Thinking: Practice critical thinking, look up and share only credible resources for updates. Mis/disinformation spreads 6x as fast as the truth on social media (on both sides).
  • Minimize Screentime: There is a correlation between high Screentime and increased rates of mental health symptoms with the amount of time spent. Headlines are meant to catch your attention and inflame. Remember: Garbage in, garbage out.
  • Nuanced Conversations:  Many issues are VERY complex and our identities do not make our beliefs a monolith. Openly express where there is common ground, respectfully challenge, ask for information sources, ask curious questions and listen before responding.  

Example language: “I agree that it is important for women to have leadership development programs and I can also see how that is perceived as exclusionary to men. Tell me more about why it troubles you for women to receive leadership development when there are so few women leaders at the top?” 

Show Up:  This fight will not be won in pithy posts or online comments; it requires ACTION. Pick one issue that aligns with your values and engage in whatever capacity you can: write letters, protest, attend community meetings, volunteer/support groups, organize your friends, and know your local elected officials.

Show Grace: Engaging with someone with differing beliefs can be difficult but WE ALL have some beliefs that change over time. Avoid shame and blame, we’ll get further with humility, common ground and sharing our vulnerable perspectives. A helpful framework is “I used to believe, then I learned, and now I believe…” 

Example:  “I too used to believe that I was a victim and disadvantaged because I am a woman who grew up in poverty.  Then I learned how being a white educated woman opened doors for me that are not available to women of color. And now I understand I have some advantages that women of color do not, and am committed to supporting and amplifying their voices.”

In Workplace

 

• • Lean into Merit:  

• • • • Ask colleagues how you can REMOVE biases from processes: the hiring process, the performance review process and succession planning. (Both of us have deep expertise in this area and are available to consult.)
      • Ask for process reviews and pay equity studies. How do you know if everyone is getting paid fairly if no one is tracking it?
    • Allyship & Accomplice:  
      • Allyship: includes supportive measures for people from underrepresented people by mentoring, amplifying voices, coaching and acknowledging inclusive behavior.
      • Accomplice: This means you are actively challenging the system and risking your comfort. This could be reporting exclusive behavior, openly challenging biased beliefs, or verbally or physically intervening to protect or shield.
  • Document & File Complaints:  Whether the behavior is discriminatory or retaliatory, it is important to document with proof, regardless if you are experiencing or witnessing it.
    • Keep a record detailing the situation, including dates and times and look for patterns.
    • Describe the impact of behavior from a social, emotional, physical or financial position.
    • Seek witnesses who were present for the situation and note their contact information.
    • Show due diligence to resolve by reporting to a manager and/or HR representative. (Note: if you are reporting on behalf of someone else, let them know and if possible get their permission.)

Calls to Action

Join Us: We’ll be hosting an informal discussion and Q&A at TARRA on March 7, 2025 from 12:30-2 pm. Bring your lunch or stop by, for a calendar invite, email [email protected]

Change your language:  If Diversity, Equity & Inclusion is triggering folks use words like fairness, psychological safety, merit, leveling and belonging.  

Radical Self Care: Use all the tools in your toolkit to stay grounded and centered: rest, meditate, pray, exercise, drink water, reduce mood-altering substances, have gratitude, eat high-nutrient food, surround yourself with a positive community (TARRA!).

Resources: Some thought leaders have emerged in this space and we encourage you to follow them and read their books, they include: 

• • Kenji Yoshino and David Glasgow, “Say the Right Thing”
  • Dolly Chugh: “A More Just Future: Psychological Tools for Reckoning with Our Past and Driving Social Change“
  • Rohini Anand Newsletter
  • Better Allies Newsletter– provides 5 actions every week

Final Thoughts 

Courageous and curious leadership is more important than ever. Inclusion takes time, energy and effort. And if you are already tired, remember, rest, recharge, and keep going because as Maya Angelou said, “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” And there are many who need our help and support to feel seen, heard and valued. 

Keeg going. 

Post Script

Please keep in mind that all of the above is based on where we are today (Feb. 2025), and is evolving in the courts and will continue to evolve in the coming months and years.