DEI Remains Top Issue For Trump Administration

HRPA’s Dan Yager challenged panelists at the Employment & Labor Group conference by asking the million-dollar question: “What is illegal DEI?” 

• Citing the lack of clarity on this point by the Administration, HRPA CHRO members cited a need to review opportunities to make sure they are open to all employees. 

• A member working for a federal contractor delineated a number of resources that, read together, provide some insight into the Administration’s views including:

• Executive Order on “Merit-Based Opportunity”;

• February 5 OPM memo which provides advice to federal agencies on ending DEIA offices;

• Attorney General’s memo on “illegal DEI;” and

•  Equal Employment Opportunity Commission (EEOC) guidance.

The bottom line: Panelists stated that the ambiguity of “illegal DEI” had led some organizations to pull back on DEI efforts – possibly more than necessary. 

• New realities are emerging—first, while nothing has changed in the working of non-discrimination rules and regulations has changed, social tolerance has changed a lot, leaving companies open to government and public scrutiny. Second, public naming and shaming is taking the lead as evidenced by the EEOC letter to 20 top law firms asking for information on their DEI programs despite no charges being filed.

What’s ahead: Asked to prognosticate on whether Democrats would swing the pendulum to the other extreme if they regain the Congressional majority and/or the White House in upcoming elections, panelists expressed doubt. 

• Rather than go back to former DEI emphasis, panelists highlighted the focus Democrats have placed, and continue to place, on pay equity. “Continue pay equity audits during the Trump administration,” Craig Leen advised, “it will come up again in the future.”

HRPA DEI resources:   

• FAQs on Trump DEI Actions

• DEI Audit Checklist

• Sample Risk Matrix

• DEI Strategy in 2025