Key Takeaways
- Employers can continue DEI initiatives if implemented within the bounds of Title VII and equal employment opportunity law.
- DEI programs must be inclusive, ensuring access for all employees regardless of race, gender, or other protected characteristics.
- Legal guidance is critical; organizations that follow lawful DEI practices can benefit operationally and reputationally.
- Abandoning DEI efforts could lead to discrimination claims and weaken bias-prevention structures.
Amid heightened scrutiny of diversity, equity, and inclusion (DEI) initiatives, employment attorneys urged organizations Thursday at an American Bar Association event to continue pursuing inclusive workplace practices while adhering to the law.
The Trump administration has signaled an intent to challenge so-called “unlawful DEI” programs. Tobias Spruill, director of North American employment law and employee benefits at LinkedIn, clarified, however, that such programs have always been subject to existing legal restrictions. “Unlawful DEI was unlawful in 2024, and it is still unlawful in 2025.
It was never lawful to hire somebody on the basis of race under Title VII,” he said. Spruill emphasized that courts continue to evaluate claims under established discrimination principles. “The law is still the law. Title VII is still Title VII. Lean on the law,” he added.
Implementing Inclusive Programs
Spruill advised that DEI programs must promote equal opportunity for all employees. For instance, events such as “women in tech” initiatives should be open to everyone, not just a specific group. Properly structured programs, he noted, would be difficult for the current administration to legally challenge.
Legal Guidance and Organizational Value
Echoing Spruill, EEOC Commissioner Kalpana Kotagal highlighted the importance of legal counsel in reviewing DEI strategies. “It’s critical that employers continue the work their counsel deemed lawful,” she said. Kotagal stressed that maintaining DEI initiatives not only helps prevent discrimination but also strengthens organizational culture and reputation.
Former EEOC Commissioner Charlotte Burrows reinforced this approach, advising employers to align actions with both legal standards and internal values. “Have the statute and your values as your North Star,” Burrows said.
By adhering to legal guidance and fostering inclusive programs, employers can protect against discrimination claims while reaping operational and reputational benefits.
Source: HR Dive
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