As DEI Fades from Filings, Smart Leaders Rethink the Strategy
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Alonso, Alex
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Abstract
For decades, HR leaders and legal counsel anchored their DEI efforts around Title VII of the Civil Rights Act, which prohibits intentional discrimination in employment decisions. These protections gave organizations confidence to pursue inclusion and diversity efforts, as long as Initiatives and actions were not overtly discriminatory. But that paradigm is now in flux. A recent executive order issued by the Trump administration — "Restoring Equality of Opportunity and Meritocracy" has deprioritized the enforcement of disparate-impact claims, which have long been used to challenge seemingly neutral policies that disproportionately affect certain groups. In their place, the focus is shifting back to cases of explicit, intentional discrimination. The change also brings into sharper focus the Equal Protection Clause — a constitutional principle that applies primarily to public institutions and, increasingly, to federal contractors. For many in HR, it's unfamiliar legal terrain. In the words of one CHRO I recently spoke with, "For We followed Title VII for years and didn't worry much about the Equal Protection Clause. It looks like we may have to do it now." The result? DEI can no longer rely on old assumptions. Leaders need new frameworks that meet the moment — legally, culturally, and operationally.
