TLDR: When President Trump signed an Executive Order to eliminate Diversity, Equity, and Inclusion (DEI) initiatives within federal programs he did not override the Civil Rights Law.
I’ve seen my fair share of misinformation on social media suggesting that this order could somehow legalize discrimination or undermine worker rights and, as an HR professional and someone who fights for Justice, I need to set the record straight: this executive order does not override the Civil Rights laws that have been protecting us for over half a century. The Civil Rights Act of 1964 is still very much in effect, ensuring that discrimination based on race, color, religion, sex, or national origin remains illegal in the workplace.
I understand that this order might stir up some emotions or concerns, but as colleagues and employers need to eliminate any unnecessary workplace anxiety stemming from false information. In addition, as a country, we must not fuel the idea that employers of any type can can now act discriminatorily. So before you read another post that throws you into a panic attack or before a company feels embolden to act reckless let’s know our facts!
What you need to know about President Trump’s recent executive order on DEI
President Trump’s executive order seeks to end what it describes as “illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government.” This includes revoking several long-standing executive orders related to affirmative action, environmental justice, and workforce balancing based on demographic factors like race and gender in federal contracting.
The order also calls for a strategic plan to encourage the private sector to eliminate what it deems as “illegal discrimination and preferences,” including DEI programs, by suggesting potential investigations into various sector
Civil Rights Laws Remain Intact
Key Point: The executive order does not negate or alter the protections provided by the Civil Rights Act of 1964. Discrimination on the basis of race, color, religion, sex, or national origin in employment is still strictly prohibited under Title VII of this Act.
- Title VII: This law ensures that employment decisions are free from discrimination. The executive order does not provide any exemptions to these protections; rather, it emphasizes a shift towards what it calls “merit-based” hiring practices.
- Equal Employment Opportunity Commission (EEOC): The EEOC continues to enforce anti-discrimination laws. The executive order does not change the EEOC’s mandate to investigate and address claims of workplace discrimination.
Implications for HR Practices
- Hiring and Promotion: HR practices should still focus on non-discriminatory methods for hiring, promotions, and performance reviews. The emphasis should be on individual merit, skills, and performance, while ensuring no discrimination occurs.
- DEI Programs: While the order targets federal DEI programs, private companies could consider how their DEI initiatives align with both the spirit of the law and the practical implications of this executive order. Programs should not be discriminatory but can continue to promote inclusivity and address historical inequities in non-discriminatory ways. Most DEI programs usually uphold these practices, but if you have any questions on the matter, talk to an HR Professional or schedule a call with Chicha Collective to learn more.
- Training: Any training that promotes understanding and respect among diverse groups can continue, provided it does not conflict with civil rights laws. The focus should be on fostering an inclusive workplace without engaging in practices that could be seen as discrimination.
Moving Forward
- Compliance Check: Review your organization’s DEI policies to ensure they align with both the letter and the spirit of civil rights laws. Ensure that no policy inadvertently discriminates against any group.
- Legal Guidance: Consult with legal experts to navigate this new landscape. The executive order might lead to increased scrutiny or potential litigation, especially if practices are perceived to favor one group over another without clear merit-based criteria.
- Educate and Inform: Use this as an opportunity to educate your workforce about the importance of equality in employment practices. Clarify that the goal is not to diminish diversity but to ensure fairness in opportunities based on individual capabilities.
In conclusion, while the executive order speaks of a policy shift towards a more “merit-based” approach in certain contexts, it does not mean that discrimination in the workplace is now permissible. As HR professionals, our role is to uphold the integrity of our organizations’ employment practices, ensuring they are both inclusive and compliant with civil rights legislation. Let’s continue to foster environments where employees feel safe to thrive, innovate and grow. For most of our clients, it means continue to uphold the values of equality and respect that define the workplace culture most American Companies strive to bring forward. If you have questions or need clarification, my email is always a good point to start: hello@chichacollective.com.
