Worried that Trump’s actions will unnecessarily hinder DEI initiatives at workplaces at schools, a group of law professors who “study and teach anti-discrimination law, education law, employment law, constitutional law, and civil rights” drafted this memo outlining the legal boundaries of President Trump's January 2025 Executive Order. Although tailored to universities, there are some helpful distinctions applicable for many industries. Here are the key takeaways:

1. DEI initiatives that avoid racial classifications remain legally defensible
   Corporations can continue implementing DEI programs that do not classify or treat individuals differently based on race. The memorandum confirms that initiatives promoting inclusion without employing racial preferences are on solid legal ground.

2. Diversity objectives are legally permissible even when explicitly addressing race
   The Supreme Court has distinguished between permissible diversity goals and potentially problematic implementation methods. Organizations can maintain diversity as an explicit objective while ensuring implementation methods do not enforce inequitable treatment.

3. Policies that apply equally to all individuals while aiming to increase diversity remain legally defensible.
   Policies designed to increase diversity that do not employ racial criteria—such as eliminating unnecessary barriers to employment, expanding recruitment channels, or tracking demographic data to identify disparities—remain legally sound despite their diversity-oriented intentions.

4. Corporate communications about DEI commitments remain protected.
   Organizations can continue to articulate their commitment to diversity, equity and inclusion values through corporate communications and public statements without legal concern, as these expressions remain protected forms of institutional speech.

5. Professional development programming addressing bias remains permissible.
   Training programs that equip employees to recognize and address implicit biases, along with affinity groups or programming that addresses specific identity groups while remaining open to all participants, continue to be legally defensible under current precedent.

Read the full memo here.

Walking the DEI Walk

This week, reader Sarah N. shares her frustrations with how DEI is being positioned in her organization’s communications.

Q: At our last all-hands meeting, our CEO proudly displayed our company's DEI awards while standing in front of an executive team that hasn't changed in composition in five years. My inbox is full of requests to feature our "success" in marketing materials, but my proposals for mentorship programs and inclusive benefits keep getting "postponed." How do I address this performative commitment without being labeled difficult? I have a feeling I've already been passed over for promotion once after speaking up.

A: Your CEO's presentation—awards displayed before an unchanged leadership team—sounds like performative diversity work at its finest. This pattern of celebrating diversity symbols while deferring the work acts more as a shield against meaningful change rather than evidence of progress.

Consider your marketing colleagues as potential allies. Your colleagues, tasked with crafting diversity narratives without substance, might share your frustration with leadership's approach. When approaching decision-makers, position your proposals as solutions to acknowledged business problems: "This mentorship program addresses our talent development gaps while providing the storytelling metrics our marketing team needs."

Also, use all-hands or another time to ask more direct questions about the successes being shared. Why was this metric in focus? What measurably changed? What can we expect in the year ahead? If you don’t feel you have the positioning at your organization, can you ask someone to ask on the collective behalf?

Along the way, be sure to protect yourself: document everything, share what you’re working on publicly, and keep your manager informed of the time you’re spending. Remember, calling out the gap between words and actions isn't being "difficult"—it's doing the real inclusion work your company only pretends to value.

Have a question you want to ask the community? Reply to any email to submit yours.

Rupture and Repair in the Workplace

Monday, March 24 | 3-5pm EST

This two-hour intensive session focuses on navigating moments of tension and conflict as they arise in professional settings. Participants will learn practical, real-time strategies for de-escalating situations, intervening effectively, and rebuilding trust after moments of rupture.

Through hands-on practice and scenario work, we’ll develop a personalized toolkit for addressing workplace tensions while maintaining cultural awareness and psychological safety.

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