DEI Policy & Advocacy Updates – Defending Diversity, Equity & Inclusion Across the U.S.

Status: Proposed

Summary: Expands restrictions on DEI-related programs in public institutions, including universities and state agencies.

Our Position: We oppose HB 999 as an attack on inclusive education and workplace equity.

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Summary: Signed on January 20, 2025, this executive order mandates that all federal agencies recognize and operate based on the binary definitions of biological sex assigned at conception. It requires the removal of terms related to gender identity from official documentation and policies, ceases funding for programs promoting gender ideology, and prohibits individuals from using single-sex facilities that do not align with their biological sex.​Wikipedia+1Wikipedia+1

Legal Interpretation: This order has significant implications for organizations interacting with federal agencies or receiving federal funding. Policies accommodating transgender and non-binary individuals may need to be revised to align with the federal mandate, potentially conflicting with state or local laws that provide protections based on gender identity. Non-compliance could result in the loss of federal funding and legal challenges.​

Guidance from Protecting Our Purpose:

• Policy Audit: Conduct a thorough review of existing policies to identify areas requiring modification to comply with the executive order.​
• Legal Consultation: Engage legal counsel to navigate conflicts between federal directives and state or local laws protecting gender identity.​
• Employee Training: Implement training programs to educate staff on policy changes and the rationale behind them.​
• Support Systems: Establish support mechanisms for employees affected by these changes to maintain an inclusive workplace culture.​
• Communication Strategy: Develop clear communication plans to inform stakeholders about policy updates and organizational commitments to diversity and inclusion.​

• Summary: Issued on January 20, 2025, this executive order terminates all Diversity, Equity, and Inclusion (DEI) programs within federal agencies, deeming them discriminatory and wasteful. It mandates the dissolution of DEI-related positions, cessation of funding for DEI initiatives, and reallocation of resources toward programs serving all Americans equally.​
  
  
• Legal Interpretation: Federal agencies and contractors are required to dismantle existing DEI programs and positions. This shift may lead to significant organizational restructuring and could impact workplace culture and employee morale. Additionally, organizations must navigate the legal landscape to ensure that the elimination of DEI initiatives does not inadvertently result in non-compliance with other federal, state, or local anti-discrimination laws.​
  
  
• Guidance from Protecting Our Purpose:
  
  
• Compliance Assessment: Evaluate current DEI programs to determine necessary changes in light of the executive order.​
  
  
• Legal Guidance: Consult with legal experts to ensure that the removal of DEI initiatives does not violate other anti-discrimination statutes.​
  
  
• Change Management: Develop a strategic plan to manage the transition, addressing potential impacts on employee engagement and organizational culture.​
  
  
• Communication Strategy: Inform employees and stakeholders about the reasons for changes and how they will be implemented.​
  
  
• Alternative Initiatives: Consider implementing programs that promote inclusivity and diversity through means that comply with the new federal directives.​
  
  

• Summary: Signed on January 21, 2025, this executive order revokes previous mandates that required affirmative action and prohibited discrimination by federal contractors. It emphasizes a return to merit-based hiring and advancement, eliminating considerations of race, sex, or other factors in employment decisions within federal agencies and among contractors.​
  
  
• Legal Interpretation: Organizations contracting with the federal government must revise their hiring and employment practices to focus solely on merit-based criteria. This shift necessitates the removal of affirmative action policies, which could lead to decreased workforce diversity and potential legal challenges alleging discrimination or non-compliance with state and local regulations that mandate such programs.​
  
  
• Guidance from Protecting Our Purpose:
  
  
• Policy Revision: Update recruitment, hiring, and promotion policies to align with the merit-based focus mandated by the executive order.​
  
  
• Diversity Impact Analysis: Assess the potential impact on workforce diversity and develop strategies to maintain an inclusive environment within the new legal framework.​
  
  
• Training and Development: Provide training for HR personnel and managers on implementing merit-based practices effectively and fairly.​
  
  
• Legal Compliance: Ensure that changes comply with all applicable laws and regulations at the federal, state, and local levels.​
  
  
• Monitoring Systems: Establish monitoring mechanisms to track the outcomes of the revised policies and address any unintended consequences.​
  
  

• Summary: Issued on January 29, 2025, this executive order prohibits K-12 schools from teaching materials considered anti-American or subversive, including content promoting gender ideology or critical race theory. It mandates investigations into educational institutions suspected of such instruction and allows for the prosecution of educators facilitating these teachings.​Wikipedia
  
  
• Legal Interpretation: Educational institutions must scrutinize and potentially revise their curricula to ensure compliance with the executive order. Failure to comply could result in the withdrawal of federal funds and legal action. However, implementing these changes may conflict with state and local educational standards and policies, leading to complex legal challenges and debates over academic freedom and local control of education.​
  
  
• Guidance from Protecting Our Purpose:
  
  
• Curriculum Audit: Conduct a comprehensive review of educational materials to identify and modify content that may be deemed non-compliant.​
  
  
• Legal Consultation: Work with legal advisors to navigate conflicts between federal directives and state or local educational mandates.​
  
  
• Parental Engagement: Engage with parents and guardians to explain curriculum changes and address concerns.​
  
  
• Teacher Training: Provide professional development to educators on permissible instructional content and methodologies.​
  
  
• Monitoring and Reporting: Establish systems to monitor compliance and report on implementation progress to relevant stakeholders.

• Summary: Signed on January 20, 2025, this executive order mandates increased accountability for federal employees in policy-influencing positions. It asserts that such employees must be directly accountable to the President, emphasizing that their authority is derived from the executive branch. The order calls for a review of existing positions to ensure alignment with this principle and may lead to reclassification or restructuring of certain roles to enhance accountability.​
  
  
• Legal Interpretation: This order signifies a shift towards consolidating executive control over policy-making positions within the federal workforce. Agencies may need to conduct comprehensive reviews of their organizational structures to identify roles that fall under this directive. The reclassification or restructuring of positions could raise legal considerations, particularly concerning employment contracts, civil service protections, and potential claims of wrongful termination or demotion. Ensuring compliance with merit system principles and avoiding perceptions of politicization will be critical to mitigate legal risks.​
  
  
• Guidance from Protecting Our Purpose:
  
  
• Organizational Review: Conduct a thorough assessment of policy-influencing positions to determine necessary adjustments in line with the executive order.​
  
  
• Legal Consultation: Engage with legal counsel to navigate potential employment law implications and ensure adherence to civil service protections.​Wall Street Journal
  
  
• Transparent Communication: Clearly communicate any organizational changes to affected employees, outlining the rationale and addressing concerns to maintain morale and trust.​
  
  
• Training and Support: Provide training for employees transitioning into reclassified roles to equip them with the necessary skills and understanding of their new responsibilities.​
  
  

Monitoring and Evaluation: Establish mechanisms to monitor the impact of these changes on organizational effectiveness and employee performance, making adjustments as needed.​

• Summary: Issued on January 20, 2025, this executive order aims to overhaul the federal hiring process by emphasizing merit-based recruitment and advancement. It seeks to eliminate considerations deemed extraneous to job performance, such as certain diversity and inclusion factors, and focuses on candidates' qualifications, skills, and experience relevant to the position. The order also calls for the removal of existing hiring practices that may have prioritized factors other than merit.​
  
  
• Legal Interpretation: This directive necessitates significant changes to federal hiring policies and procedures. Agencies must revise job announcements, selection criteria, and evaluation processes to align with a strict merit-based framework. While the intention is to promote fairness and efficiency, there are legal considerations regarding equal employment opportunity laws and regulations. Ensuring that the revised hiring practices do not inadvertently result in discrimination or adverse impact on protected groups is essential to avoid legal challenges and uphold the principles of equal opportunity employment.​
  
  
• Guidance from Protecting Our Purpose:
  
  
• Policy Revision: Review and update hiring policies and procedures to ensure compliance with the executive order while maintaining adherence to equal employment opportunity laws.​
  
  
• Bias Training: Implement training programs for hiring managers and human resources personnel to recognize and mitigate unconscious biases in the selection process.​
  
  
• Diversity Considerations: Develop strategies to promote diversity and inclusion within the framework of merit-based hiring, ensuring a balanced approach that values diverse perspectives.​
  
  
• Monitoring and Reporting: Establish systems to track hiring outcomes, assess the effectiveness of the revised processes, and identify any unintended consequences or disparities.​
  
  
• Stakeholder Engagement: Engage with employee resource groups and other stakeholders to gather input and foster an inclusive approach to implementing the changes.

• Summary: Signed on February 5, 2025, this executive order seeks to prohibit transgender women and girls from participating in women's sports at educational institutions. It directs federal agencies to enforce Title IX based on the administration's interpretation of "sex" as the gender assigned at birth. The order threatens to rescind federal funding from schools that allow transgender athletes to compete in women's sports and calls for collaboration with state attorneys general and athletic organizations to implement this policy.​Teen Vogue
  
  
• Legal Interpretation: This order has significant implications for educational institutions and athletic organizations. Compliance may require revising existing policies and practices related to athletic participation, which could conflict with state laws or institutional policies that are more inclusive of transgender athletes. Additionally, the order is likely to face legal challenges on grounds of discrimination and violation of civil rights protections. Institutions must carefully navigate the legal landscape to balance compliance with federal directives and adherence to anti-discrimination laws.​
  
  
• Guidance from Protecting Our Purpose:
  
  
• Policy Assessment: Review current athletic participation policies to identify areas requiring modification to comply with the executive order.​Federal Register
  
  
• Legal Analysis: Consult with legal experts to understand the implications of the order and develop strategies that balance compliance with the protection of students' rights under federal and state laws.​
  
  
• Stakeholder Communication: Engage with students, parents, coaches, and advocacy groups to communicate policy changes, address concerns, and provide support to affected individuals.​
  
  
• Training and Education: Provide training for athletic department staff and educators on the legal and ethical considerations surrounding the participation of transgender athletes.​
  
  

Monitoring and Support: Establish support systems for transgender students affected by the policy changes and monitor the impact on their well-being and participation in school activities.​

• Summary:
  Signed on March 6, 2025, this executive order directly targets the law firm Perkins Coie LLP, alleging it engaged in unethical conduct during the 2016 and 2020 election cycles—particularly its involvement in commissioning the now-infamous Steele dossier. The order:
  
  
• Suspends security clearances of all current Perkins Coie employees with federal access.
  
  
• Terminates federal contracts with the firm.
  
  
• Bars federal officials from engaging with Perkins Coie representatives in any official capacity.
  
  
• Authorizes investigations into law firms “engaged in political manipulation under the guise of legal advocacy.”
  
  
• This is one of the most aggressive executive actions ever taken against a private law firm and is widely seen as a move to delegitimize past legal efforts to scrutinize Trump-era actions.
  
  
• Legal Interpretation:
  The executive order raises significant constitutional and business law issues:
  
  
• It could face legal challenges under due process and equal protection if Perkins Coie or its employees argue they’ve been penalized without opportunity for rebuttal or trial.
  
  
• The revocation of security clearances en masse may violate norms of individualized review and could set precedent for executive retaliation against politically inconvenient law firms.
  
  
• Other law firms that have taken on partisan or controversial clients may see this as a warning, potentially resulting in self-censorship or termination of politically risky client relationships.
  
  
• The executive order may violate federal contracting fairness laws, as it bars competition from an entire firm without formal adjudication of wrongdoing.
  
  
• Guidance from Protecting Our Purpose (POP):
  
  
• 🔹 Conduct Reputational Risk Reviews: Evaluate partnerships with law firms or advocacy groups that could attract federal scrutiny.
  
  
• 🔹 Preserve Legal Privilege: Keep detailed documentation of legal reasoning and client engagements to withstand future scrutiny.
  
  
• 🔹 Scenario Plan for Federal Retaliation: If your organization may be perceived as politically oppositional, prepare a contingency plan (legal, PR, compliance).
  
  
• 🔹 Avoid Political Overexposure: Ensure public communications (social media, official statements) do not imply institutional support for contentious legal strategies.
  
  
• 🔹 Develop Federal Engagement Protocols: Establish compliance-safe pathways for any lobbying, legal, or procurement work done with the federal government.
  
  
• 🔹 Support Employees Implicated by Association: If firm or nonprofit partners are named in federal actions, clarify internal policies and provide legal/HR support to employees impacted by the fallout.

Summary: Signed on March 27, 2025, and published on April 3, 2025, this executive order mandates a comprehensive review and revision of exhibits and programs within federally funded institutions, particularly targeting the Smithsonian Institution. The order asserts that certain exhibits promote "improper, divisive, or anti-American ideology" and seeks to align public historical narratives with a perspective that emphasizes the nation's achievements and founding principles. Vice President JD Vance is tasked with overseeing these changes through his role on the Smithsonian Board of Regents. Specific directives include:​Federal RegisterReuters+2Latest news & breaking headlines+2The Guardian+2Latest news & breaking headlines+2The Guardian+2Federal Register+2

• Removing exhibits that are perceived to degrade shared American values or divide Americans based on race.​Federal Register+1Latest news & breaking headlines+1
  
  
• Ensuring that the forthcoming Smithsonian American Women's History Museum does not recognize transgender women as part of its exhibits.​The Guardian+2Latest news & breaking headlines+2Federal Register+2
  
  
• Restoring monuments and statues that have been removed since 2020, particularly those taken down during movements addressing racial injustice.​Latest news & breaking headlines
  
  
• The administration argues that this order is necessary to counteract what it describes as a "revisionist movement" that portrays American and Western values as inherently harmful and oppressive. ​Latest news & breaking headlines+3Federal Register+3The Guardian+3
  
  
• Legal Interpretation: This executive order raises several legal and constitutional considerations:​
  
  
• First Amendment Concerns: By directing the content of museum exhibits and educational programs, the order may infringe upon freedoms of speech and expression. Institutions like the Smithsonian operate with a degree of independence to curate content based on scholarly research and historical evidence. Mandating the removal or alteration of exhibits to fit a specific ideological framework could be challenged as government overreach into academic and cultural expression.​Latest news & breaking headlines
  
  
• Separation of Powers: The involvement of the Vice President in directing the internal affairs of the Smithsonian, an institution established by Congress, may raise questions about the balance of powers among the executive and legislative branches.​
  
  
• Anti-Discrimination Laws: The directive to exclude transgender women from recognition in the Women's History Museum could conflict with federal and state anti-discrimination statutes, potentially leading to legal challenges on the grounds of gender identity discrimination.​Federal Register+1Latest news & breaking headlines+1
  
  
• Contractual and Funding Implications: Institutions receiving federal funding may face pressures to comply with the order to maintain their financial support. However, compliance could simultaneously expose them to legal challenges or public backlash, creating a complex legal landscape to navigate.​
  
  
• Guidance from Protecting Our Purpose (POP): Organizations and institutions affected by this executive order should consider the following steps:​
  
  
• Legal Consultation: Engage with legal counsel to assess the implications of the order, particularly concerning constitutional rights and anti-discrimination laws. Understanding the legal landscape is crucial before making any changes to exhibits or programs.​
  
  
• Stakeholder Engagement: Communicate transparently with staff, patrons, and the broader community about the institution's position and planned responses. Inclusive dialogue can help navigate the potential public relations challenges that may arise.​
  
  
• Policy Review: Evaluate existing policies related to exhibit curation, educational programming, and diversity and inclusion initiatives. Determine how these policies align with or contradict the directives of the executive order and identify areas requiring careful consideration.​
  
  
• Documentation and Record-Keeping: Maintain thorough records of all decisions and actions taken in response to the executive order. Documentation can be vital in the event of legal challenges or audits.​
  
  
• Alternative Funding Exploration: Consider diversifying funding sources to reduce reliance on federal funds. This strategy may provide greater autonomy in curatorial and educational decisions, allowing institutions to uphold their missions without compromising due to external pressures.​
  
  

Public Relations Strategy: Develop a comprehensive communication plan to address potential media attention and public inquiries. Clearly articulate the institution's commitment to presenting accurate and inclusive historical narratives while navigating the requirements of the executive order.​The Guardian