In January, the President issued executive orders specifically calling for the end of DEI programs in both the federal government and the private sector. While certain elements of this executive action have already been enjoined in federal court, the administration indicated it would be advancing efforts to find and take action against companies it believes are in non-compliance. That has caused many businesses to re-evaluate their programs, or cancel them outright, while the matter is further argued and decided. So how can companies navigate this uncertain moment? And what practical tips exist around what companies can and can’t do?

First, it’s important to understand a couple key points: equal employment opportunity laws (EEO) that prohibit discrimination based on race, color, religion, sex, and national origin have not changed. Additionally, the first amendment rights for companies to express their views (including those in support of DEI) have not changed either. At the same time, many companies are scrambling to determine what actions and policies within their companies will be viewed as illegal or illegal. The attorney general issued a letter on Feb. 5 directing the Justice Department to “investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs and activities in the workplace,” which has only further accelerated efforts at companies to scale back traditional DEI programs