January Tip of the Month: Executive Orders Challenge DEI Programs
On January 21, 2025, an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO) takes aim at employment diversity, equity, and inclusion (DEI) initiatives.
As highlighted in our recent blog post, the EO directs federal agencies, including the Equal Employment Opportunity Commission, to “combat illegal private sector DEI preferences, mandates, policies, programs, and activities.” The EO additionally directs the U.S. attorney general to submit a report containing recommendations for “taking . . . appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.” While the EO does not change existing law with respect to employment DEI initiatives, it does signal that such initiatives may experience increased investigation and scrutiny from federal agencies. Employers who maintain DEI programs or policies should promptly take steps to examine such initiatives and ensure that they comply with applicable law.
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.