The President has ordered the elimination of diversity, equity, and inclusion (“DEI”) initiatives across the federal government. Another order calls for the termination of all DEI offices, positions, and programs within 60 days. While some notable companies, including Meta and Amazon, have followed suit and changed or eliminated aspects of their own DEI programs, others, (e.g., Costco), have not.
While the implementation of DEI is undoubtedly politically charged, the underlying principles needn’t be. As Bret Stephens wrote this week:
The central problem with D.E.I. is neither diversity nor inclusion. It’s the word “equity,” which in theory ought to mean simple fairness but in practice meant pervasive racial and gender gerrymandering based almost exclusively—and unconstitutionally—on considerations of group identity rather than individual qualifications. It also led to the creation of D.E.I. bureaucracies in thousands of institutions, from universities to corporations, whose employees too often acted as Soviet-style political commissars, enforcing all kinds of intrusive orthodoxies that tried to dictate not only how other employees or students were supposed to act, but also how they were supposed to think and speak.
Anyone who has sat through a D.E.I. training seminar—by turns saccharine and scolding, treacly and tendentious—knows what I mean. It just turned people off, including a lot of well-meaning people who are all for inclusivity as a value.
The manner in which some colleges and universities pivoted after the Supreme Court ruled on the issue in 2023 offers some guidance.
Business Takeaway: While the President’s orders largely affect federal agencies, this will likely continue to affect the private sector, particularly those companies with federal contracts. Should you wish to make changes to your DEI policies, it is imperative that you balance this new federal approach to regulation with existing anti-discrimination laws. Contact us at 414-446-8800 or info@goldsteinsc.com if you have questions about the future of your DEI policy.