The president’s recent Executive Order regarding the administration's desire to end “Illegal Discrimination” has got people scratching their heads.
So if you’re confused too, please know it’s not just you!
All this talk and confusion on the topic gave me a (hypothetical) idea: A 30-minute Lunch and Learn on DEIB at the White House would clear up a lot of confusion!
And that would help… everyone.
Can you picture it, me at the White House? Cue the dream sequence music…
I’m in a beautiful boardroom in the West Wing—and you’re there too! I’m at the front in cute heels and a perfectly-tailored power suit, kicking butt and taking names, moving a slide deck and giving them the real lowdown on DEI and Affirmative Action.
Now let’s dive into what’s really going on with that executive order, DEI, affirmative action, and how this might affect businesses like yours.
*Please remember that laws and regulations can change quickly, especially these days. To stay on top of important federal legislative and regulatory changes, I highly suggest following OneDigital’s What to Watch Hub.
DEI(B) Is Not Going Away
The main thing that I really want to stress is that DEIB is still here. Yes, it is still allowed, and yes you can still “say” these words. Nothing about DEIB is “illegal” because it’s a concept about fostering inclusivity and belonging at work; it’s really about the practice of being inclusive.
If I were to write a book on it (for the White House ;), I might title it with OneDigital’s catchphrase: A Workplace Where You Can Be You.
All employees remain protected from discrimination under the Title VII of the Civil Rights Act, which states that employers are prohibited from discriminating based on race, color, national origin, ancestry, religion, and sex—including sexual orientation, gender identity, and pregnancy. Title VII also covers discrimination in hiring, firing, promotions, compensation, and other employment-related matters.
Now let’s come back to our lunch n’ learn and break down what DEIB is, for real. (You probably already know this… remember, we’re educating The White House. ;))
DEIB stands for Diversity, Equity, Inclusion, and Belonging.
D: Diversity
Diversity is the existence of different characteristics that make individuals different, such as race, gender, ethnicity, nationality, religion, sexual orientation, gender identity and expression, age, disability, veteran status, and socioeconomic status.
E: Equity
Equality is about equity and ensuring people are paid fairly and equally for the work that they do. Ensuring that your workforce is equitable and that dollars are distributed fairly is a necessary and important part of a healthy work culture. Each person brings a different and equally as important skill set and experience to the table.
I: Inclusion
Inclusion is about a workplace culture in which employees feel integrated. An employer can have a diverse workplace without having an inclusive culture. A truly inclusive culture enables all employees the opportunity to participate and thrive.
B: Belonging
One crucial piece of DEI keeps getting overlooked at the top: they keep forgetting the “B” for belonging. Belonging goes one step further and says that people can bring themselves to work. It fosters inclusive leadership and promotes psychological safety. Everyone deserves to feel like they belong at work. And if there’s something that an employer can do to make that happen, they should, because it’s in the best interest of the organization.
While there are plenty of nuances in DEIB and inclusivity that can be complex, sometimes the solutions are simple.
Here are two examples from my own career:
The Smoking vs. Non-Smoking Breakroom: Early in my career, we had one shared breakroom for everyone, but non-smoking employees ended up eating lunch in the locker room to avoid the smoke. The solution? Separate spaces for smokers and non-smokers.
Nursing Mothers in the Restroom: Later in my career, employees started raising concerns because nursing mothers were using the employee bathroom to pump. Surprisingly, it wasn’t just the mothers who were uncomfortable—it was their coworkers, too. The fix? A designated lactation space. A win-win for everyone.
I would venture to say nearly everyone of every race, color, and tattoo status has benefited from some kind of DEIB initiative in the 20+ years that I’ve been in HR; some of these initiatives are so ingrained in our culture that we forget that they were ever not a part of our daily work lives! But someone at some point probably came to HR or leadership and said, hey, I’m not comfortable with that, or have you thought about doing this differently?
Those inquiries led to bigger conversations and eventual change.
The best HR consultants are skilled at finding solutions that work for everyone; it’s not always easy, but they make it look easy.
DEIB is what you make of it and you can still do what you want with it in the context of your own organization. DEIB initiatives can be implemented to help foster inclusive workplace cultures and HR Consultants like us can help you do this.
Affirmative Action IS Going Away (Kind Of)
DEIB is NOT the same as Affirmative Action Plans (AAPs). AAPs are specifically to do with hiring and promotions, where DEIB is more of a reference to the big picture.
AAPs were mandated for government and government contractors and they are now defunct for women and minorities per the aforementioned executive order.
If you’re interested, here’s an overview of affirmative action/AAPs (otherwise please skip to the next section :).
Affirmative Action Plans require employers to take Affirmative Action to ensure their workforces reflect the applicant pool. If they need take affirmative action, an example might be updating job descriptions to be gender-neutral or going to job fairs directed towards groups that have been historically underrepresented. This is why you might be hearing about some companies or organizations “pulling back on DEI”. They are no longer required to do these things to support their AAP. 4
The recent EO change around AAPs (Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity) states that federal contractors are no longer obligated to have affirmative action plans (AAPs) for women and minorities, but still must have them for veterans and the disabled. (Talk to your attorney if you have concerns around AAPs.)
AAPs do NOT include quotas (eg: hiring a certain number of women or a minority group).
Affirmative action was never about hiring people who are “unqualified.” It’s about selecting the woman or minority candidate if there are two equally qualified candidates.
RECAP: What’s Legal, What’s Not, and How to Comply
OK, so let's come back to this Lunch and Learn at the White House. Picture it, me standing at the front of the room, one of the most critical speeches of my life, trying to ignore the whispers of, is that turkey or ham? and pass the Grippos, please!
Colleen: So, can I confirm with my clients that is what you really meant by your EO, Mr. President?
Nothing has changed in terms of the practical application of DEIB; federal, local, and state laws still apply (here’s an overview of key anti-descrimination laws for employers).
If an employer is a government contractor and has an Affirmative Action Plan, they should talk to an attorney because they have been repealed for women and minorities.
Engaging in workforce balancing (aka “DEI hiring”) based on race, color, sex, sexual preference, religion, or national origin is prohibited, as it has been since the 1978 Supreme Court case Bakke v. University of California.
Employers should continue hiring the most qualified person for the job.
If an employee feels they have a DEIB concern in their workplace, it should be addressed with HR or leadership.
Let’s Always Include the “B” in DEIB
It is literally impossible to be in HR or management without an eye toward DEIB because we are always looking at our team and asking ourselves:
Are we rowing in the same direction?
Does everyone fit?
Does everyone belong?
So if there was ever any doubt, let’s be clear: DEIB isn’t just a legal requirement—it’s a foundation. So in case there was ever any question, DEIB is not only the law, it’s already baked into nearly everything we do—an essential ingredient in our “pie,” if you will.
And when we get it right? Everyone wins.
Yup, running a business is tough, don’t I know it! At A Slice of HR, A OneDigital Company, aligning human interactions with business goals is what we do—for our teams and for our clients.
As the saying goes, the more things change, the more they stay the same. We have been working with our clients for years putting in processes and policies to help eliminate the biases and promote fairness (HR audits, clear job descriptions, fair interview and hiring process, salary benchmarking).
And really isn’t that what both sides are at least saying they want? Our wonderful HR consultants are here to help you navigate all things HR.
Contact us for a consultation and be sure to follow the OneDigital What to Watch Hub because things are changing all the time!
References:
Cowan, James. “Affirmative Action, Federal.” Retrieved from hrcenter.us.brightmine.com. February 17, 2025.
Jones, Sharon E., Jones Diversity Group, and the Brightmine Editorial Team. “Improving Diversity, Equity, and Inclusion in the Workplace.” Retrieved from hrcenter.us.brightmine.com. February 17, 2025.
U.S. Equal Employment Opportunity Commission. Statutes. “Title VII of the Civil Rights Act of 1964.” EEOC website. Retrieved February 20, 2025.
Webb-Akasaka, Jamie. “Is DEI on the Chopping Block?” OneDigital, February 11, 2025.
The White House. “Executive Order (EC) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” January 21, 2025.
*The information and materials on this website are provided for general information purposes only and are not intended to be legal advice. We attempt to provide quality information, the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature and may not apply to a specific factual or legal circumstance. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
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