The Executive DEI Order: What Changes Might It have for you?
Within the first few weeks of the new administration office, dozens of executive orders were signed, including a cut in federal funding to programs and offices specifically working on diversity, equity, and inclusion. I fear there is confusion that this means all DEI work will stop. That is certainly not the case.
I want to share a bit about the Executive Order that targets DEI, titled Ending Radical and Wasteful Government DEI Programs and Preferencing, which states that all those within and contracting for the federal government and agencies will cease work. I want to discuss what it could mean for businesses and nonprofits that are not working with federal money.
If the federal government does not fund you, this executive order it does not apply to you. An executive order is not a law. It’s not a substitute for legislation (which must be passed by Congress and signed by the president), statute, or even a regulation.
But I understand that it’s more nuanced than that. Executive orders are meant to be released and “trickle down,” so here are a few ways we could plan for it to show up in our organizations and businesses:
Many non-profit and educational institutions are funded by federal money. And even those who don’t receive federal funding may be up against increased scrutiny for funding. When federal funding is shifted away from programs that have been supporting inclusion efforts, it leaves a lot of gaps in public programs that may have been supporting historically and currently excluded groups of people.
This type of executive order and the direction of our US government are emboldening people to oppose initiatives that center the well-being of humans to act out. What steps can your organization take to think about what may need to occur to protect vulnerable staff or clients?
In attracting and retaining talent, it feels more important that organizations share what their values are and how they will take steps to retain and support their employees. While DEI is being used as political jargon now, consider the values that your organization is rooted in and the steps that you’ve taken to build those into the everyday lives of staff and employees.
We can do just as the bill says, “advance in the private sector, the policy of individual initiative, excellence, and hard work,” while taking care of our employees. This looks like creating and maintaining strong communication and feedback loops, building fair compensation and excellent benefits for employees, and ensuring employee wellbeing through ongoing professional development offerings that are culturally competent.
Many organizations have built into annual reviews a way to assess individuals' IDEA goals as a factor in performance reviews or salary reviews. While this does not need to be ended, organizations would likely benefit from returning to that language that has been used and assessing how it could be misconstrued with these new orders. A refresh that is values-driven for the organization could benefit both the employees and the organization.
There is nothing in this EO that bars employers from taking race and gender-neutral steps in connection to recruitment. It has not been legal (since the 1964 Civil Right Act) to discriminate based on factors of race, color, religion, sex, or national origin. Our Civil Rights Act is still in effect, and we can utilize it to support the well-being of current and future employees.
It’s most important to take some time. These are confusing times; information is coming out very quickly, and a lot of it. In the coming weeks and months, we have much to learn about the type of pushback from these orders and more of the fallout since we can’t know all the consequences at the start. I urge you and the organization you work for to look to your values–and the pillars that guide you–and think about how your work can move forward in ways that support those values or pillars more holistically and human-centered.
Here are some great resources and ideas written by fellow practitioners:
Dear Colleague Letter in Defense of DEI (Feb 21, 2025)- This includes 11 actions he recommends for higher education institutions that are truly committed to antidiscrimination and antiracism.
Discomfort isn’t Discrimination: Court sides with DEI Training (Feb 12, 2025). This ruling affirms the value and inherent legality of DEI training
