In International Financing Review, Jennifer Cormier Examines Trump Executive Order DEI Policy Implications for Private Employers

In an International Financing Review article, employment partner Jennifer Cormier discussed the Trump administration executive order on diversity, equity and inclusion (DEI) policy implications for private employers.

Jennifer notes that technically, the law has not changed. The executive order does not and cannot amend the federal anti-discrimination statutes that are in place.

Quotas or mandatory numerical targets with respect to race or gender have been legally impermissible for many years, and that predates the Trump administration. Jennifer said that diversity statistics should be used as a way of measuring progress, rather than dictating results.

The executive order is drafted in a way that makes clear that there actually is a version of DEI that would be legally permissible, but there's also a chilling effect as a result of the strong language in the executive order.