In this memo: “Trump Executive Order Takes on DEI in the Workplace: Practical Considerations for Private Employers,” Mintz unpacks the widely publicized Executive Order (EO) on DEI: “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” (Fact Sheet here) and explains the implications for the private sector. Importantly, in addition to monitoring ongoing legal and political developments in this space, the emphasis is on reviewing current and ongoing practices and initiatives for compliance with laws and associated messaging and disclosure.
Numerous other firms (see, e.g., Arent Fox Schiff, DLA Piper, Husch Blackwell, Jackson Lewis, Mayer Brown, Paul Weiss, Perkins Coie (re: proxy and other SEC filing disclosures), and Simpson Thacher) also offer helpful recommendations to private sector employers on how to proactively manage and mitigate any potential adverse implications of the EO on their companies. And H/Advisors Abernathy’s “Companies need to deftly navigate and carefully communicate around the Trump administration’s new DEI executive order” advises companies to take a measured and balanced communications-centric approach in response to the EO that is informed by input from internal and external stakeholders.
The Society will continue to share resources that offer practical guidance to assist members with managing these and other DEI developments. If you are looking for law firm guidance specifically focused on federal contractors, please email Randi Morrison. And watch for a near-term member survey on DEI-related actions or changes to practices companies are making or planning in response to the EO.
This post first appeared in the weekly Society Alert!