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DEI challenges increase

January 2025 federal employment law insider
Authors: 

the editors of FELI

As the second Trump administration takes shape, diversity, equity and inclusion (DEI) programs both in corporations and higher education are continuing to be challenged.

Corporate DEI programs

After the Supreme Court’s decision in Harvard/UNC, the foes of DEI have been chipping away at corporate DEI programs steadily. Since the decision, Stephen Miller and his America First Legal group have filed 36 complaints with the Equal Employment Opportunity Commission (EEOC) and a few with Office of Federal Contract Compliance Programs (OFCCP), which led to the recent response against United Airlines and Southwest Airlines.

Edward Blum, who won the Harvard/UNC decision with his Students for Fair Admission group, established a new group, American Alliance for Equal Rights, to challenge aspects of corporate diversity programs such as scholarships, internships, and other programs open only to certain groups.

Most recently, conservative influencer Robby Starbuck threatened companies with boycotts by his followers to move 13 corporations to cut back or eliminate their DEI programs including Caterpillar, Ford, Harley-Davidson and John Deere. He has focused his attacks on consumer-facing corporations with conservative customers, with Walmart being the latest company to announce changes including dropping participation in the Human Rights Campaign’s annual survey, The Corporate Equality Index.

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