Without DEI, What Happens to Complaints? Employers Face New Liability Questions

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What happens to the embedded in-house dispute resolution process when a company turns away from its diversity, equity, and inclusion (DEI) policies for political reasons? Or for fear of being seen as setting quotas or favoring diversity over merit?

As an employment law mediator, I am following the rapidly evolving landscape of employment law, particularly in response to recent governmental actions affecting DEI policies. The White House’s executive order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (signed on January 21, 2025), has sparked widespread debate. While some view it as a reaffirmation of civil rights laws, others argue that it seeks to dismantle DEI programs. Regardless of perspective, two things are clear: Uncertainty reigns, and DEI remains a critical topic.