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Don’t Like DEI? You’ll Like Being Sued Even Less

February 19, 2025

Posted in Uncategorized

President Trump is dismantling diversity, equity, and inclusion (DEI) efforts in the federal government. Conservative governors are doing the same on the state level and some businesses are ending their efforts, too. You may be free to end your company’s DEI efforts, but the end of DEI is not the end of anti-discrimination laws.

What Is DEI? Why Is It Being Banned?

Ideally, diversity, equity, and inclusion (DEI) represent principles and practices that aim to create a more inclusive and fair environment, particularly in workplaces.

  • Diversity refers to the differences within a group, including but not limited to race, gender, ethnicity, age, sexual orientation, disability, and other characteristics, along with recognizing and valuing these differences
  • Equity focuses on fairness and justice, ensuring everyone has access to the same opportunities, but some may need different kinds of support to succeed. The goal is to level the playing field
  • Inclusion is the practice of making individuals feel respected, valued, and have a sense of belonging, regardless of their background or identity

How these goals are put into action has come under strong criticism, especially by White conservatives, who feel DEI and related programs discriminate against Whites and try to make them accountable and feel guilty for past discrimination they didn’t cause.

Throwing The Anti-Discrimination Baby Out With The DEI Bath Water Can Get You In Trouble

Many practices Under the DEI umbrella are focused on preventing and ending illegal employment actions. They’re not touchy-feely efforts to make a perfect society, according to a recent Reuters article.

Common policies that some may associate with DEI are tools to ensure compliance with federal, state, and local anti-discrimination laws. They include:

  • Auditing pay practices
  • Seeking diverse job applicant pools
  • Ensuring promotions are fairly awarded

When taking these and other steps neutrally and for business-related reasons, the outcomes shouldn’t discriminate against any group. If your approaches to these practices are professional and the process is well-documented, any claims of reverse discrimination against you should have difficulty succeeding.

Employers Need To Find The Right Balance

If DEI efforts went too far, pretending we’re back in the 1950s, when employers were largely free to discriminate in many jurisdictions, is moving too far in the opposite direction. While DEI may have gone out of corporate style in many places, anti-employment discrimination laws remain.

While some White employees may claim DEI policies show bias against them, non-White employees may allege dismantling DEI and voicing negativity toward its goals shows an animus against them.

One potential example is Meta, which eliminated some DEI programs. Its CEO, Mark Zuckerberg, stated on a podcast that “a lot of the corporate world is pretty culturally neutered,” and employers need more “masculine energy” in their workforces. His words don’t violate any laws, but a woman suing Meta due to alleged sex discrimination could use them as evidence management favors male employees and job candidates.

Employment law can be complicated for an employer to navigate. Given all the potential legal land mines you face, it’s wise to have our Orange, CA corporate dispute lawyer as part of your team to help you with personnel matters. When legal matters arise, Focus Law LA is here for you—contact us today to protect your business interests.