Tory Summey and Joel Schwartz co-authored an article in HR.com about the questions facing employers over the future of diversity, equity, and inclusion (DEI) programs as a result of recent federal enforcement priorities from the president and Department of Justice (DOJ).

Tory and Joel outlined President Donald Trump's executive order, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," and a memo from Attorney General Pam Bondi directing the Department of Justice’s Civil Rights Division to investigate and penalize illegal DEI policies in the private sector.

"The executive order and DOJ directive raise the stakes in order to force employers to ensure their DEI efforts are legally compliant," Tory and Joel wrote. "While not explicitly mandating the complete rescission of DEI programs, the administration’s initial actions make clear that it views DEI programs with extreme skepticism and that employers who openly continue to implement DEI initiatives may draw the ire of civil and criminal authorities. Indeed, even the threat of enforcement has already led many employers to scrap initiatives, programs, and even leadership positions that could arguably fall into the realm of DEI."

Tory and Joel wrote about the types of DEI programs the administration could consider as unlawful, strategies employers can follow to reduce the risk of an investigation, and how an investigation would look.

To read the full article, click here: DEI In the Crosshairs: Civil and Criminal Considerations for Private Employers

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