Over the past week, I have received over a dozen calls from DEI professionals who are fearful of what the future holds for DEI as a result of the executive orders signed by President Trump. I have listened to their stories, heard their exhaustion and despondency, and unpacked what these executive orders mean for the inclusion work we do. Leaders are confused—some are waiting and watching, while others have rolled back their DEI efforts. But I have to say that many organizations that I talk with are maintaining their commitment to DEI because they believe it is good for their employees and their business—their customers and employees think its important.
Executive orders
In a short 48 hours, the President passed three executive orders that were a blow to DEI leaders. On January 20, 2025, he passed the executive order “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order directs the director of the Office of Management and Budget (OMB) to “coordinate the termination of all of the federal government’s DEI mandates, policies, programs, preferences, and activities within 60 days of the order. (1)
On the same day, he passed the executive order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” And on January 22,2025, the President passed the executive order “Ending Illegal Discrimination and Restoring Merit Based Opportunities.”
The January 22 executive order revokes President Johnson’s Executive Order 11246 signed on September 24,1965, which gave the Secretary of Labor the authority to ensure equal opportunity for people of color and women in federal contractors' recruitment, hiring, training and other employment practices. It called for affirmative action in federal contracting, which has become a pillar of civil rights in the decades since, and has stood the test of time. It required federal contractors to refrain from employment discrimination and take affirmative action to ensure equal opportunity "based on race, color, religion, and national origin." (2)
Disguised as a return to a “merit” based systems, Trump’s executive order, halts efforts to address bias in systems and rolls back decades of hard-won gains in equity and inclusion. The numbers speak volumes—while we have made progress in the advancement of women and People of Color, the work is far from done. Trump’s executive order simply serves to enshrine the status quo-affirmative action for White men- at the expense of those who are marginalized.
The executive orders extend beyond the Federal Government in an effort to intimidate the private sector as they order federal agencies to compile lists of public companies, universities and large foundations for investigations and possible civil action over their DEI programs: "Federal Agencies must send a recommendation to the attorney general of up to nine potential investigations of corporations, large nonprofits, foundations with assets of $500 million or more, higher education institutions with endowments of $1 billion or more, or bar and medical associations.” (3)
Response from Organizations
Organizations and DEI leaders are in a tail spin. However, rather than panicking with a knee jerk reaction, this is a time for organizations to reassess their DEI programming. It is a time to do a risk assessment and ensure that your efforts are complaint with Title VII of the Civil Rights Act. And it’s a time to broaden the aperture to make sure that DEI efforts are open to everyone and all employees feel they are part of an organization’s inclusion strategy.
The responses have been varied—some organizations are reframing their DEI efforts while others have engaged in DEI cutbacks. Both Amazon and Meta have scaled back their DEI efforts. Earlier this month, McDonald’s also announced it will be retiring specific goals for diversity at senior leadership levels and ending its efforts to promote diversity among its suppliers. These US multinationals were joined by the likes of Ford, Toyota, Target, Walmart and Molson Coors in rolling back their diversity efforts. Many companies, however, are embedding DEI in other functions like talent, engagement and employee experience, focusing inwards and renaming their efforts in order to avoid being in the public eye. Other companies like Apple and Costco have reaffirmed their commitment to DEI as a result of shareholder decisions. (4) And yet others are continuing their commitment to DEI without going public about it.
Clearly, rolling back equity efforts will disproportionately impact historically marginalized groups who still face systemic barriers in education, employment, and other spheres. Pew’s research suggest that half of Americans say Black people are treated less fairly than White people when applying for a loan or mortgage, or in hiring, pay and promotions. (5)
And employees in corporate America believe in the value of DEI as a force for good. Also, according to Pew research conducted in 2023, more than half of workers (56%) say focusing on increasing DEI at work is mainly a good thing—just 16% see it as negative. (6)
Trump's Gender Executive Order
Let’s consider the executive order signed by President Trump redefining “sex” as strictly biological.
The gender executive order provides that the policy of the United States is to recognize two unchangeable sexes (male and female) grounded in “fundamental and incontrovertible reality.” It requires government ID such as passports and visas to “accurately reflect the holder’s sex,” and requires agency forms to list “male or female” rather than gender identity. And it instructs the head of the EEOC to rescind the agency’s “Enforcement Guidance on Harassment in the Workplace,” among other things. (7)
As Effenus Henderson, Co-Director at Institute for Sustainable Diversity & Inclusion, so articulately put it: “It is not just a policy shift—it directly conflicts with federal civil rights laws, well-established legal precedents, and the trajectory of ongoing Supreme Court cases. It sets the stage for an ideological showdown over the scope of equal protection and anti-discrimination guarantees in the U.S. Constitution.” He cites case law and legal precedents that it conflicts with. (8)
It is hard to even think about the disastrous impact this Federal order will have on transgender people! Research published in September in the journal Nature Human Behavior and conducted by the Trevor Project, established that laws targeting transgender people directly caused an increase in suicide attempts. State-level anti-transgender laws caused up to a 72% increase in number of past-year suicide attempts among trans and nonbinary young people. (9)
What can organizations do?
Corporate America must courageously and collectively step up and take the lead in ensuring equitable and inclusive workplaces.
Focus inwards: Many organizations are focusing inward by addressing work cultures as opposed to flashy commitments externally. These organizations see the benefit of DEI to their business in terms of growth, engagement and innovation and are continuing their commitment to DEI as a business strategy.
DEI isn’t dying—it’s evolving: Some organizations are rebranding their DEI initiatives and titles in order to avoid drawing attention. While, on the one hand, it feels like a ‘cop out’ as no other function under attack retreats and changes its name, on the other hand, let’s assess if we should get stuck on the naming protocol or should we focus on addressing equity in the workplace—regardless of where it resides and what it is called? Meta’s diversity chief, Maxine Williams, will remain at the company under the new title of vice-president of accessibility and engagement. Other companies have simply edited some of their references to diversity. The Conference Board’s recent survey suggests that half (56%) of US workers surveyed say their company has adjusted its DEI terminology, focusing on broader concepts like “belonging”.
Continue your DEI efforts with a risk evaluation: Organizations should conduct a thorough audit of their DEI initiatives in partnership with legal counsel. These executive orders do not require private employers to abandon DEI efforts. In fact, organizations that allow workers to align pronouns and other identity markers to their gender identity, or that allow workers to use bathrooms that align with their gender identity, may continue to do so. Federal contractors are still required to comply with applicable federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the basis of race, color, national origin, religion, and sex.) (7)
Focus on employee psychological safety and wellness: Organizations should continue to reassure their employees of their commitment to equity and to compliance with non-discrimination statutes, such as Title VII of the Civil Rights. They should facilitate sessions to listen to employees’ fears and concerns and address them.
Back to basics: DEI has always faced resistance and headwinds. The DEI pendulum has swung from compliance and "check-the-box" efforts—to seeing DEI as an enabler of business success—to extensive commitments to addressing social justice after the murder of George Floyd in 2020—to backlash against what’s seen as a “woke” agenda—and back to compliance. And DEI has always been agile in responding to the external ecosystem. Now is the time to focus on demonstrating the business impact. It’s the time to provide education on what DEI is and is not—it’s not a zero-sum game and it’s not about lowering standards! It’s simply about levelling the playing field so EVERYONE has an equal chance to succeed.
There is always hope: Although these are challenging times for DEI, and in particular for LGBTQ rights, there are always hopeful signs. If we look to Thailand, we see a country where same sex couples can now marry. Hundreds of couples have been married in Bangkok as Thailand became the first country in Southeast Asia to legalize same-sex marriage. An amendment to Thailand’s Criminal and Civil Code means that same-sex couples can now legally wed in the country and benefit from the same rights as any other couple, including financial, medical, adoption and inheritance rights. Thailand is the third country in Asia to legalize same-sex marriage, behind Taiwan and Nepal. (10)
What can you do?
Give to causes that address equity: You can support organizations like some of these, among others, that will be filing lawsuits to challenge the Trump Administration’s coming assaults on our civil rights and liberties: The NAACP Legal Defense Fund; The ACLU; The Office of General Counsel of the National Urban League; The Anti-Defamation League; The Women’s Legal Defense and Education Fund (now “LegalMomentum”); The Arc – Disability Rights Advocates; Lamda Legal Defense and Education Fund; Lawyers’ Committee for Civil Rights Under the Law; The American Jewish Committee; The Center for Constitutional Rights; The National Women’s Law Center; The American Association of Retired Persons (AARP); GLAD – Gay, Lesbian Advocates and Defenders.
Nurture your resilience: These will be a long four years and we must stay resilient in order to continue to fight for what we know is right. Seek out your community of support; take mental health breaks; indulge in your passions.
Support each other: We need to lift each other up and let others know they are not alone. I started by sharing that I had calls from over a dozen individuals who needed someone to talk with; I was happy to support them and certainly hope that I was helpful. I know there will be someone who will lift me up when I need a boost to continue to do the equity work that I am called to do.
Rise to the occasion: As DEI practitioners, policymakers, and leaders, we must rise to this moment by reaffirming the importance of diversity, equity, and inclusion—not as buzzwords or checkboxes, but as principles that embody the ideals of justice, fairness, and opportunity for all.
This is a pivotal time for employers to reaffirm their commitment to equity and inclusion—employees and customers are expecting that. It is even more important today for corporate leaders to have the courage to do what’s right for their employees by ensuring fair and equitable workplaces. In the face of these challenges, our commitment to justice, fairness, and equity must remain unwavering—because the fight for inclusion is not just a battle for the present but a legacy for the future.
In my upcoming Global DEI Seminar (June 18 – 20, 2025) we will explore some of these challenges and strategies to address them. More information below.
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The Global Diversity, Equity, and Inclusion (DEI) Seminar
A Masterclass for Global DEI Leaders with Dr. Rohini Anand
JUNE 18-20, 2025
In a time when DEI professionals face increasing uncertainty due to global populist movements and recent executive orders rolling back decades of progress in the US, it’s more critical than ever to equip ourselves with the tools to advocate for justice and inclusion. The challenges are real, but so are the opportunities to lead with courage and resilience.
That’s why I’m thrilled to announce the Global DEI Seminar, returning this June 18, 19, and 20, 2025. This small-group, highly interactive seminar is designed to empower DEI professionals to navigate these turbulent times with clarity, strategy, and strength.
What You’ll Gain:
An understanding of the current global DEI landscape and how to navigate it
A global DEI strategy and practical workplan tailored to your organization’s needs, including strategies to address today’s shifting legal and social landscapes.
A flexible framework to advance equity while honoring the nuances of local cultures, laws, and histories.
Leadership skills to secure executive and stakeholder buy-in, even amidst resistance.
Tools to measure and demonstrate impact, reinforcing the business case for DEI.
A network of global professionals to share ideas, strategies, and support—because none of us can do this alone.
💬 From Past Participants:
“This seminar reaffirmed my passion for DEI work and provided a unique platform to share my perspectives with global colleagues.”—Blanca Villela, DEI Consultant
“Rohini ensured we walked away with actionable knowledge to apply immediately in our own context.”—Ann Varghese, Senior DEI Partner, Bill & Melinda Gates Foundation
📅 Save the Dates: June 18-20
In times of adversity, education and collaboration are our greatest tools. Together, we can develop strategies to overcome setbacks and continue driving meaningful change.
Join us and rise to the challenge. Let’s stand firm, reaffirm our commitment to equity, and lead the way forward.
Resources:
National Law Review
Trump Administration Revokes EO 11246, Prohibits ‘Illegal’ DEI: What the EO Ending Illegal Discrimination and Restoring Merit-Based Opportunity Means for Employers by: Matthew J. Camardella, K. Joy Chin, Michael R. Hatcher, Samia M. Kirmani, Lisa B. Marsh, and Laura A. Mitchell of Jackson Lewis P.C. - Publications
References
(1) https://www.morganlewis.com/pubs/2025/01/executive-orders-target-dei-programs-and-gender-protections
(9) https://www.nbcnews.com/nbc-out/out-news/anti-trans-laws-suicide-attempts-teens-increase-rcna172906
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