Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their review of existing diversity, equity, and inclusion (DEI) materials for compliance with the DEI EO and anti-discrimination laws.

The EO affects DEI and accommodation and affirmative action policies, practices, and programs in the federal government and private sector. See our previous alert for more details.

In the weeks since the EO’s issuance, we have observed government memoranda and early enforcement actions by federal agencies that provide insights into how the government may interpret and apply the EO. Litigation challenging the EO has also begun.

This alert highlights recent developments for employers as they await additional guidance from the Trump Administration.