Trump Administration DEI Executive Orders – 3 Key Takeaways and Additional Resources

HRPA's webinar on the Trump Administration DEI Executive Orders: Strategy for CHROs provided valuable insights into the evolving landscape of DEI regulations. For those who attended, we hope you found the session informative. If you weren't able to join, below are the key takeaways from the discussion. 

Top 3 takeaways:

1. While the Executive Order takes aim at “illegal DEI programs,” it does not define what is considered illegal.  In the meantime, companies can prepare by conducting a thorough inventory of all US-based DEI and talent-management programs (e.g., diversity-related goals, scholarships, mentorships, recruiting pipelines, ERGs, and supplier diversity policies). Scrutinize each for potential exclusivity or set-asides based solely on protected categories. This review should go beyond HR to include legal, procurement, sales/business development, and investor relations teams.
   
   
2. Some states or global jurisdictions still mandate diversity disclosures or have pay transparency laws. These obligations do not disappear under the federal EO. Balancing federal mandates, state/global laws, and investor expectations requires tailored, region-specific approaches.
   
   
3. Organizations are responding in different ways, ranging from complete program overhauls (“pulling back”) to minor adjustments or reaffirmations of DEI commitments. A one-size-fits-all approach does not exist. Factors such as company values, public brand, stakeholder pressure, and risk tolerance inform how aggressively to revise or maintain DEI efforts. For a helpful slide visualizing this spectrum, see Teneo’s ‘Spectrum of Corporate Positioning on DEI’ Slide (HRPA login needed)

Additional resources:

• Fortney Scott’s ‘Ending Illegal Discrimination and Restoring Merit-Based Opportunity: What all employers need to know and necessary action items’ (email needed)
  
  
• HBR Article: ‘The Legal Landscape Around DEI is Shifting. Your Messaging Should, Too.’ 

We will continue this discussion at our upcoming CHRO Summit on March 12-14 in Orlando, which will include a panel and roundtable discussions on DEI.