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Disclaimer: This article does not constitute legal advice. It is provided solely for informational purposes and is not intended to be relied upon as a standalone resource. If you have questions about the law or its implications for your organization, please consult your legal counsel.
Diversity, Equity, and Inclusion (DEI) initiatives have become integrated into many aspects of modern workplace culture, aiming to foster environments where all employees feel valued and respected. However, recent executive orders signed by President Trump over the past few weeks have sparked significant debate and concern regarding the future of DEI at work. These executive orders challenge longstanding policies and initiatives designed to promote equal opportunity in the workplace, and have left many companies struggling to know what action they need to take.
Trump's Executive Orders: in brief
Understanding what these executive orders say (and do) is an important first step in navigating this evolving regulatory environment. Below is a high-level summary of some of the key provisions of these orders:
| Executive Order | Key Provisions |
| Ending Illegal Discrimination and Restoring Merit-Based Opportunity | Revokes several prior executive orders on diversity, including Executive Order 11246, which was a decades-old executive order prohibiting employment discrimination by federal contractors, and requiring them to implement and maintain affirmative action programs. Directs federal agencies to identify potential compliance investigation targets of certain entities, including publicly-traded corporations and large non-profit corporations. |
| Initial Rescissions of Harmful Executive Orders and Actions | Revokes 78 Biden-era executive orders that were focused on topics ranging from racial equity, combating discrimination, public health, climate change, and more. |
| Ending Radical and Wasteful Government DEI Programs and Preferencing | Calls for the termination of all “illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, and preferences across the federal government, “under whatever name they appear.” Directs federal agencies to terminate equity-related grants or contracts, and DEI performance requirements for federal employees, contractors, or grantees. |
| Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government | Defines "sex" as an “individual's immutable biological classification as either male or female”, excluding transgender, nonbinary, and intersex people from certain protections. Directs federal agencies to “enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes.” |
What does this mean for companies?
While these executive orders will draw greater scrutiny on DEI initiatives at work, they do not mean that companies need to abandon lawful DEI programs. Indeed, companies can continue to prioritize diversity, equity, and inclusion through well-designed programs that do not violate anti-discrimination laws.
It is important for companies to also:
- Review your Harassment Prevention (“HP”) and DEI policies and practices. Do an audit of your HP and DEI initiatives and policies to ensure they comply with current legal requirements, and do not inadvertently run afoul of anti-discrimination laws.
- Work with trusted legal counsel and advisors. Engage with your legal team and trusted legal advisors to understand the implications of the executive orders on your current programs and policies, especially because certain aspects of the orders run counter to state and local law, as well as Supreme Court precedent.
- Stay informed of any changes. The executive orders are just some of the actions taken by the Trump administration aimed at DEI, and more action is expected in the future. There may also be court challenges to these orders or actions, and so it is critical to stay up-to-date.
- Train your employees and managers. It is more important than ever to prioritize building a safe and inclusive environment, and making sure your internal programs and practices comply with applicable law. Ethena offers several courses that can help with your education efforts, including our Unconscious Bias course and our Harassment Prevention training, which are designed to navigate the complexities of local, state and federal law through unique learning “tracks”.
How Ethena can help
At Ethena, our compliance training platform and content is designed to help companies navigate evolving regulatory environments. We regularly review and update our training and services to comply with applicable laws at the local, state, federal, and international level, working closely with outside counsel to understand the actual impact of regulatory developments on workplaces. We also offer tools that allow you to easily tailor and customize your training to align with your workplace and priorities.
