Blog

stick figures in different colors and shapes representing DEIB

DEIB Under Scrutiny: How to Evolve Your Initiatives Without Losing Impact

Publication date: April 17, 2025 

🕒 6-minute read

DEIB (Diversity, Equity, Inclusion, and Belonging) is lighting up news feeds and keeping leadership teams on alert. If you’re a business leader trying to do the right thing without stepping on a legal landmine, it can feel like an endless game of dodgeball. So how can organizations preserve the spirit of DEIB efforts while navigating increasing scrutiny and legal risk? The recent controversy may be a signal to adapt, evolve, and consider a fresh approach. 

DEIB Under the EEOC & DOJ Lens: The Background  

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) announced their intent to closely scrutinize and potentially prosecute DEI-related employer initiatives. Both agencies have now taken the position that employment actions motivated—in whole or in part—by race, gender or other protected characteristics go beyond the bounds of Title VII of the Civil Rights Act of 1964 and are, therefore, unlawful. 

It’s important to note that these developments stem from a combination of legal interpretation and executive direction. While executive orders apply to federal agencies—not private employers—they can influence how enforcement agencies (like the EEOC and DOJ) set their priorities. As a result, federal guidance may shift even though the laws themselves have not changed. The EEOC and DOJ also issued public guidance to clarify what constitutes DEIB-related discrimination. Key takeaways include: 

  • Employment actions or conditions based on protected characteristics 
  • Affinity groups, mentorship programs, or fellowships that are not open to all employees 
  • Segregating participants in training based on protected characteristics—even if the content is the same 
  • Programs that offer advantages to specific demographic groups 

Current enforcement actions are especially focused on programs related to race and gender —though all protected classes under federal law, including age, disability, pregnancy, and military status, still apply. Meanwhile, a flurry of lawsuits has been filed challenging the current administration’s DEI-focused executive orders as unconstitutional, further complicating the landscape. 

Navigating DEIB with Organizational Values 

Does this mean companies should walk away from DEIB efforts entirely, despite years of hearing it’s “the right thing to do”? Not necessarily. It may just be time to evaluate the how behind your approach. In our recent blog, DEIB Isn’t Dead – It’s Evolving, we explored the strong business case for DEIB. Organizations that remain committed to inclusive practices often outperform competitors—while those that abandon it altogether risk long-term consequences. So, what now? 

Start by revisiting your why. Was your DEIB commitment rooted in your mission, driven by your stakeholders, or demanded by your customers? If DEIB is part of your organizational DNA, you might decide—with guidance from legal counsel—to take a “wait and see” approach until further clarity emerges. 

For companies that want to act now, it’s time to reframe the question: What are we trying to accomplish? And is there a way to achieve those outcomes without inviting legal scrutiny—while still maintaining authenticity and stakeholder support? 

Tactical Shifts: Evolving DEIB with Impact  

Organizations can still reap the benefits of DEIB by evolving their programs in ways that reduce risk and emphasize inclusivity. Some practical strategies include:  

  • Non-Discrimination: Audit your people-related processes, review employment data for unintended negative impacts among protected characteristics, and train leaders to proactively spot issues and address bias.  
  • Inclusion, not exclusion: Design programs (like mentorship, leadership development, and affinity or employee resource groups) that are open to all, and ensure job postings reach diverse, broad audiences. 
  • Belonging: Regularly survey employee engagement, and create spaces where all team members feel welcomed, valued, and encouraged to bring their full identity to work. 
  • Skills-based opportunities: Consider skills-based hiring, development, and retention programs such as the HireReach framework through West Michigan Works! 

The bottom line: The laws haven’t changed—only the enforcement lens has. Within that framework, companies should consider if current access to benefits, programs, or opportunities are limited based on race, gender, or any other protected characteristic, and reevaluate how they want to move forward. 

Enter BEAM: A Legally Conscious Framework for Inclusion  

Another approach is the BEAM (Bias-Free, Equitable, Accessible, Merit-Based) framework, established by the Society of Human Resource Management (SHRM).  The BEAM model is designed to help organizations navigate DEIB in a way that’s both meaningful and legally sound. Ask these questions when evaluating your programs: 

  • Anti-Exclusion: Are opportunities open to all, regardless of protected characteristics? 
  • Access for All: Are programs based on merit, qualifications, and skills—not demographics? 
  • Merit-Driven Selection: Are participants chosen based on relevant experience and competencies, with accommodations for religious or medical needs? 
  • Unbiased & Available Information: Is participation communicated clearly and fairly to everyone? 
  • Skills-First Optimization: Do initiatives build skills and support professional development for all employees?  

By anchoring efforts in BEAM, organizations can ensure their intentions remain focused on expanding opportunities rather than creating exclusions.  

Final Thoughts: Keep Evolving, Keep Including 

The DEIB landscape is shifting, but the mission remains the same: to create workplaces where everyone can thrive. By reframing your DEIB strategy to focus on fairness, skills, and inclusion, you can keep moving forward without compromising compliance. 

Because as we know, DEIB isn’t just one initiative or training. It includes pay equity, mental health, accessibility, representation, and a workplace culture where talent, skill, and opportunity take center stage. 

Remember: Executive orders may set new expectations for federal agencies, but private employers must continue complying with long-standing laws like Title VII, ADEA, ADA, PDA, PWFA and USERRA. The key is understanding that enforcement priorities are shifting—not the laws themselves. 

Need help evaluating your approach? With over 200 years of combined HR leadership experience, Cooper People Group is ready to partner with you to refine your programs, reduce risk, and keep the impact strong. 

Let’s keep adjusting. Keep innovating. And definitely—keep the conversation going. 

Want these blogs delivered to your inbox hot off the press? Subscribe to our e-blast list! 

Note: We aren’t attorneys and can’t give legal advice. Please consult with your legal counsel. 

For Additional Information:

EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination:
🔗 https://www.eeoc.gov/newsroom/eeoc-and-justice-department-warn-against-unlawful-dei-related-discrimination

SHRM’s BEAM Framework for Inclusion: Aligning Merit with Organizational Excellence: 
🔗 https://www.shrm.org/topics-tools/news/inclusion-diversity/shrms-beam-framework-for-inclusion-aligning-merit-with-organizational-excellence