DEI Counseling

Wiley is analyzing Executive actions targeting DEI policies, programs, and activities, and providing insights to assist companies, nonprofits, universities, and other organizations in navigating this rapidly evolving area of law in alignment with their business objectives and values.

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January 24, 2025 | Alert

Impacts of New DEI Executive Order Extend Beyond Federal Government to Private Sector

*UPDATE: On February 5, 2025, Attorney General Pam Bondi issued a memorandum on the DOJ's priorities to effectuate Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit Based Opportunity", which is discussed in greater detail here.

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO raises significant new considerations for companies across the United States regarding their diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, as it targets the elimination of “illegal DEI and DEIA policies” beyond federal employees, contractors, and grantees to “encourage” the private sector to eliminate DEI programs that constitute illegal discrimination and preferences. This EO is similar to the Trump EO issued on Day 1 directing the termination of the federal government’s DEI and related mandates, policies, programs, preferences, and activities (summarized in a prior Wiley alert), which has already resulted in action by myriad federal agencies in the first week of the Trump Administration.

Read the full alert here.