Trump campaign against corporate DEI faces high legal hurdles
WASHINGTON: US President Donald Trump’s push to dismantle corporate diversity, equity and inclusion (DEI) programmes is likely to face significant legal obstacles, with experts warning that federal regulators must meet a high bar to prove such policies violate anti-discrimination law.
At the centre of the effort is the Equal Employment Opportunity Commission (EEOC), which under its new chair Andrea Lucas is pivoting towards what she has described as a more conservative interpretation of civil rights enforcement, including prioritising claims of discrimination against white men.
That shift marks a sharp break from decades of enforcement practice and sets up a potential confrontation with corporate America, where DEI initiatives have become widespread as part of hiring, retention and compliance strategies.
HIGH BAR UNDER DISCRIMINATION LAW
Legal and compliance experts told Reuters that DEI programmes are not unlawful simply because the administration opposes them. To succeed, the EEOC must still demonstrate in court that an employer made race- or sex-based decisions that directly harmed individuals, in violation of long-standing workplace discrimination statutes.
“In many situations, what falls under the umbrella of diversity, equity and inclusion is foundational work to prevent discrimination and ensure equal opportunity,” said former EEOC chair Jenny Yang. “That is not only lawful, it is often required.”
Under US law, plaintiffs must show that a job, promotion or benefit was denied specifically because of race or sex, and that an employer preferred another candidate on that basis. That standard remains difficult to meet, even with more aggressive enforcement.
EEOC POWERS AND LIMITS
Lucas has said she intends to open inquiries into corporate DEI practices and has invited submissions alleging bias against white men. As EEOC chair, she can issue subpoenas, depose executives and bring lawsuits where violations are found.
“If we have a charge of discrimination against you, we’re going to use the full force of the federal government to remedy it,” Lucas told Reuters, describing the administration as “pro-enforcement” and “pro-American worker”.
But law professor Stacy Hawkins of Rutgers University said most cases are unlikely to succeed. She noted that increased diversity in hiring often reflects a broader and more competitive applicant pool, rather than discrimination against white men.
“The thing that has changed is not that white men are being discriminated against,” Hawkins said, “but that other people are no longer being excluded.”
BUSINESS RESPONSE AND POLITICAL PUSH
Many large companies have already reviewed or adjusted their DEI programmes to ensure legal compliance, rebranding initiatives or narrowing their scope without abandoning them entirely.
Conservatives are also seeking to turn Trump’s anti-DEI stance into legislation, arguing executive orders alone are too easy to reverse. Right-wing activist Robby Starbuck said efforts were underway to “codify this into law”.
Despite the political pressure, proponents argue DEI remains a business imperative. Former Georgia gubernatorial candidate Stacey Abrams said companies recognise that a diverse workforce is essential for long-term success.
“DEI is about removing barriers and creating pathways to opportunity,” she said. “Most companies understand that, regardless of the noise coming out of Washington.”
