{"id":8285,"date":"2025-01-30T12:13:03","date_gmt":"2025-01-30T17:13:03","guid":{"rendered":"https:\/\/employerdefensereport.com\/?p=8285"},"modified":"2026-03-20T11:59:08","modified_gmt":"2026-03-20T15:59:08","slug":"the-trump-administration-intends-to-take-hard-look-at-private-sector-dei-policies-with-investigations-possible-is-your-company-ready","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/employer-defense-report\/the-trump-administration-intends-to-take-hard-look-at-private-sector-dei-policies-with-investigations-possible-is-your-company-ready\/","title":{"rendered":"The Trump Administration intends to take a hard look at private sector DEI policies, with investigations possible. Is your company ready?"},"content":{"rendered":"

By Mark Ishu<\/a><\/p>\n

Shortly after aggressively terminating Diversity, Equity and Inclusion (\u201cDEI\u201d) policies that applied to the federal workforce, the Trump Administration turned its attention outward to the private sector. President Trump\u2019s January 22, 2025, Executive Order (\u201cEO\u201d) titled, Ending Illegal Discrimination and Restoring Merit-Based Opportunity<\/a>, claims to \u201cprotect[] the civil rights of all Americans and expands individual opportunity by terminating radical DEI\u201d in the private sector.\u00a0 It enlists federal agencies, including the Attorney General (\u201cAG\u201d), to act swiftly to police \u201cDEI-based discrimination\u201d and preferencing in federal contracting and the private sector.<\/p>\n

[T]he Attorney General, within 120 days of this order, in consultation with the heads of relevant agencies and in coordination with the Director of OMB, shall submit a report to the Assistant to the President for Domestic Policy containing recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including\u00a0DEI.<\/p><\/blockquote>\n

EO at \u00a7 4(b).\u00a0 As part of the strategic enforcement plan required by the EO, each agency head \u201cshall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars.\u201d[1]<\/a>\u00a0\u00a0Id.\u00a0<\/em>at \u00a7 4(b)(iii).\u00a0 Most companies and not-for-profits may be targeted for an investigation by an agency head, though the focus will presumably be on \u201c[k]ey sectors of concern within each agency\u2019s jurisdiction,\u201d id.\u00a0<\/em>at \u00a7 4(b)(i), and \u201c[t]he most egregious and discriminatory\u00a0DEI\u00a0practitioners in each sector of concern,\u201d\u00a0id.\u00a0<\/em>at \u00a7 4(b)(ii). \u00a0\u00a0The Attorney General\u2019s report will also contain a \u201cproposed strategic enforcement plan,\u201d which identifies:<\/p>\n