Is it DOA for DEI? Questions and answers on recent Executive Order

The concept of DEI—which stands for diversity, equity, and inclusion—is much in the headlines recently. Matters came to a head on January 21 when President Donald Trump signed an Executive Order (EO) styled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Here is a Q&A on the EO.

Key Qs and As

Q: Does this EO apply to private employers?

Yes. All federal agencies are directed to target and end what the EO deems “illegal” DEI programs and initiatives sponsored by private employers. What does the federal government want from you? Policies advancing “individual initiative, excellence, and hard work.” I translate this language to mean policies doling out perks and promotions based on merit and on nothing else.

Q: What constitutes “illegal” DEI?

The EO lacks a definition of this term. At a minimum, it includes what is already a violation of Title VII of the Civil Rights Act of 1964—quotas on work force balancing (that is, seeking a specific racial percentage in your work force.)

But wait, there is more! In the private sector, the EO seeks to end the “identity-based spoils system” used by certain private-sector employers. No illustration in the EO of what this means. But it likely refers to programs limited to a specific race such as paying tuition only for Hispanics to attend a program focused on Hispanic issues or designing a mentorship program for which only minority employees can apply.