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 if the company turns away from the DEI (diversity, equity, and inclusion) policy for various reasons, including political ones? Or fear that it is 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” (Jan. 21, 2025), which has sparked widespread debate. While some view it as a reaffirmation of civil rights laws, others argue it seeks to dismantle DEI programs. Regardless of perspective, one thing is clear: uncertainty reigns and DEI remains a critical topic.