DEI and Employment Under the New Administration: Executive Orders, New Requirements, Sweeping Employer Impact

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, March 26, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine the Trump administration's executive orders representing a significant pivot in federal policy by eliminating DEI initiatives in the federal government, curtailing affirmative action initiatives by federal contractors, and targeting private sector DEI programs. The panel will discuss what is required of employers--including federal contractors--and offer best practices for compliance.
Faculty

Mr. Brenner advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits. He also represents employers in all aspects of employment and labor litigation and counseling, including in both single-plaintiff and class action matters, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. Mr. Brenner assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Ms. Hoffman represents and counsels major employers nationwide in all areas of labor and employment law across a wide range of industries, including retail and hospitality. She is highly regarded for her experience with wage and hour issues as well as employment discrimination and retaliation claims. Ms. Hoffman regularly reviews and drafts employment agreements — such as covenants not to compete — and advises clients on a wide variety of labor and employment issues such as workplace safety; workplace harassment; union avoidance and election campaigns; leaves of absence; hiring, termination, and severance policies and procedures; and litigation avoidance. Ms. Hoffmane has defended clients throughout the U.S. in major employment litigation at both the federal and state court level, including class and collective actions.

Mr. Alloy handles all aspects of labor and employment matters involving day-to-day counseling, transactions, and litigation. He has experience conducting internal investigations and audits and advising and defending clients in connection with internal complaints and administrative proceedings before federal and state agencies. Mr. Alloy regularly advises clients on complicated leave and disability issues, noncompete and trade secrets, independent contractor and employee classifications, government contractor compliance, and employment aspects of corporate transactions. Mr. Alloy drafts and negotiates employment and consulting contracts, separation agreements, commission and compensation plans, and workplace policies and handbooks, and counsels clients on terminations, reductions-in-force, and alternatives to layoffs. He also frequently conducts in-house harassment and diversity trainings.
Description
Upon taking office, the Trump administration targeted DEI programs in the public and private sector when it issued two executive orders--"Ending Radical and Wasteful Government DEI Programs and Preferencing" (January 20 EO) and "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (January 21 EO).
The January 20 EO ends the federal government's DEI initiatives by ordering each federal agency "to the maximum extent allowed by law" eliminate all federal DEI offices and positions and equity actions, initiatives, or programs.
The January 21 EO turns to the private sector's DEI-related activities and revokes multiple DEI and affirmative action executive orders. The January 21 EO curtails OFCCP enforcement of federal contractor affirmative action and places private employers in its crosshairs by broadly directing the Attorney General and all federal agencies to "combat illegal private-sector DEI preferences, mandates, policies, programs, and activities."
Counsel should understand how the EOs interact with federal and state anti-discrimination laws; and how the EOs will affect employers, and the specific impact it will have on federal contractors, given its sweeping scope and remaining questions which will make compliance more difficult.
Listen as our expert panel provides an in-depth examination of the new administration's EOs impacting affirmative action and diversity initiatives, as well as the status of the various legal efforts to challenge the EOs. The panel will discuss how to help employers navigate new requirements, especially given the evolving nature of this new government stance, and offer best practices for compliance.
Outline
- Introduction
- History of DEI
- The executive orders
- Federal government DEI initiatives
- OFCCP and federal contractor affirmative action
- Private employer DEI programs
- Enforcement
- Interaction with current federal and state anti-discrimination laws
- Employer impact and best practices
- Federal contractors
- Private employers
- Remaining questions
- Practitioner takeaways
Benefits
The panel will review these and other key considerations:
- What impact do the EOs have on federal contractors and OFCCP enforcement?
- How do the EOs target private companies' DEI programs; and what should employers be doing to prepare for compliance?
- What enhanced risks do the EOs pose for federal government contractors?
- How do the EOs interact with federal and state anti-discrimination laws? What are best practices for employers to navigate the new requirements while fulfilling their obligations under these laws?
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