HR Leaders Navigate Tightrope as Trump’s Orders Put DEI Programs Under Scrutiny

Employee resource groups (ERGs) and diversity, equity, and inclusion (DEI) programs are facing heightened scrutiny in 2025, following President Donald Trump’s executive orders in his first week back in office. These orders have sparked confusion and caution among employers, particularly those with federal contracts.

According to HR DIVE, Chris Gantt-Sorenson, a shareholder at Haynsworth Sinkler Boyd and leader of its employment law practice, said the orders appear to reinforce existing Title VII protections but are prompting overcorrection by some employers.

“Many people are conflating DEI with affirmative action,” Gantt-Sorenson said. “It’s been unfortunate to see that merger. When people discuss DEIB, they’re often referring to affirmative action, which adds to the confusion.”

Trump’s directive instructs federal contractors to remove certain DEI language from websites and policy documents. While companies can still affirm compliance with equal opportunity laws, they’re eliminating public-facing diversity messaging to avoid the appearance of non-compliance.

“For businesses unfamiliar with the legal nuances, this can be a tightrope walk,” Gantt-Sorenson said. “Some may be overreaching in response, out of fear of losing funding or contracts.”

A March 2025 joint technical assistance document from the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice clarified that any workplace program explicitly benefiting one protected class over another could be seen as illegal discrimination.

Programs once deemed essential for improving workplace representation are now potentially unlawful if they involve quotas or metrics. Even targeted networking events or gender-specific meetups — like the “lady lawyer lunches” her firm once hosted — could raise compliance concerns.

“Under this new guidance, company resources can’t fund events or groups focused on one demographic,” she said.

Still, Gantt-Sorenson emphasized that inclusivity remains lawful — and critical. “All are welcome should be the DEI message,” she said. “Differences in background, geography, and education help drive innovation. A homogenous business is likely unsustainable.”