Diversity, Equity, and Inclusion Under Scrutiny: Navigating EEOC Guidance, Executive Orders, and Emerging Legal Risks

This session breaks down the components of diversity, equity, and inclusion, exploring practical workplace examples from blind interviews to pay equity policies. Participants will examine the historical evolution of DEI initiatives and discover which groups have statistically benefited most from these programs.

Explore the Trump administration’s executive orders targeting DEI programs and the EEOC’s shifting enforcement priorities under Acting Chair Andrea Lucas. This session examines the March 2025 guidance documents and clarifies what constitutes ‘illegal DEI’ under current federal interpretation.

Learn how the Civil War-era False Claims Act creates new liability exposure for employers certifying DEI compliance in federal contracts. This session covers treble damages, whistleblower provisions, and the extended statute of limitations that increases risk for government contractors.

Review the ongoing litigation challenging Trump’s DEI-related executive orders, including key preliminary injunctions from Maryland and Illinois federal courts. Participants will understand which provisions are currently enforceable and how agency enforcement activities vary across DOJ, EEOC, and OFCCP.

Analyze landmark Supreme Court cases including SFFA v. Harvard, Muldrow v. St. Louis, and Ames v. Ohio that are reshaping discrimination claims and DEI initiatives. This session explores how lowered evidentiary standards and equal treatment for majority plaintiffs impact employer liability.

Gain actionable guidance for federal contractors, publicly-traded companies, law firms, and private employers navigating DEI compliance. Learn permissible practices like broadening recruitment nets and removing identifying information while avoiding prohibited activities such as demographic-based programs.