UPDATE: On March 27, 2025, President Trump issued an Executive Order (Addressing Risks from WilmerHale) accusing the firm of "abandon[ing] the profession's highest ideals and abus[ing] its pro bono practice to engage in activities that undermine justice and the interests of the United States[,]" including employing Robert Mueller following his investigation of Trump's 2016 presidential campaign and discriminating against employees through the use of "race-based 'targets.'" Similar to the prior law firm EOs issued, this EO suspends security clearances of firm employees, directs agencies to terminate federal contracts with the firm and federal contractors who hire the firm, and calls for the investigation of the firm's DEI practices pursuant to the Perkins Coie EO.
Early on in his term, President Trump issued a series of executive orders (EO) attacking diversity, equity, and inclusion (DEI) initiatives, including Executive Order 14173, which aimed to eliminate DEI policies and practices in the federal government and in the private sector (see HERE). President Trump's agenda quickly unfolded as the administration immediately began executing the EO's directives "to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities." To navigate the volley of actions taken – and responses to actions taken – review this timeline of significant events impacting private sector DEI initiatives and takeaways on what employers should do now.
Timeline of DEI-Related Events in the Private Sector
- January 21, 2025 (EO14173 issued): President Trump issued EO14173 which, among other things, directed federal agencies to take "appropriate measures" to end "illegal discrimination and preferences, including DEI" in the private sector by (1) developing a plan to "deter" such "programs or principles," and (2) each identifying up to nine potential targets for civil compliance investigations. For additional information, see HERE.
- February 13, 2025 (Attorneys General respond): Sixteen Attorneys General issued a joint letter in response to EO14173 to provide guidance on lawful DEI initiatives and best practices to support inclusion in a legally compliant manner. The letter emphasizes that DEI best practices are not only lawful but are important to "help ensure legal compliance," and the EO cannot and does not prohibit these otherwise lawful practices and policies. For additional information, see HERE.
- February 21, 2025 (preliminary injunction issued): In National Association of Diversity Officers in Higher Education, et al. v. Trump, Judge Adam B. Abelson issued a preliminary injunction partially blocking EO14173's Enforcement Threat Provision, which directed federal agencies to "take appropriate measures" to end "illegal" DEI-related discrimination in the private sector. For additional information, see HERE.
- March 6, 2025 (Perkins Coie EO issued): President Trump issued EO14230, Addressing Risks from Perkins Coie LLP, accusing the firm of "dangerous and dishonest activity[,]" including the firm's representation of Hillary Clinton in 2016 and for unlawful discrimination through its DEI initiatives. Among the actions taken, the EO suspended security clearances of firm employees, ordered federal agencies to terminate contracts with the firm and federal contractors who hire the firm, and directed the U.S. Equal Employment Opportunity Commission (EEOC) and Attorney General to investigate the DEI practices of Perkins Coie and other law firms.
- March 11, 2025 (Perkins Coie responds): Perkins Coie filed a complaint raising multiple constitutional challenges to the EO. Among the relief requested, the firm requested that the court declare the EO unconstitutional and enjoin implementation of the EO.
- March 12, 2025 (temporary restraining order issued): U.S. District Judge Beryl Howell granted a temporary restraining order blocking parts of the Perkins Coie EO, but allowing the EEOC and Attorney General to investigate law firms for unlawful DEI initiatives.
- March 14, 2025 (Paul Weiss EO issued): President Trump issued EO14237, Addressing Risks From Paul Weiss, accusing the firm of "harmful activity" including a former attorney's involvement in investigating Trump's finances in 2022 and for unlawful discrimination perpetrated through the firm's DEI initiatives. Similar to the Perkins Coie EO, this EO suspended security clearances of firm employees, aimed to terminate federal contracts with the firm and federal contractors who hire the firm, and sought to end "unlawful discrimination perpetrated in the name of [DEI] policies[.]"
- March 14, 2025 (preliminary injunction reversed): In National Association of Diversity Officers in Higher Education, et al. v. Trump, the U.S. Court of Appeals for the Fourth Circuit reversed the preliminary injunction issued by Judge Abelson on March 3, allowing the government to once again enforce EO14173. For additional information, see HERE.
- March 17, 2025 (EEOC issues letters to 20 law firms): EEOC Acting Chair Andrea Lucas issued letters to 20 law firms requesting information about DEI-related employment practices, stating that "[t]he EEOC is prepared to root out discrimination anywhere it may rear its head, including in our nation's elite law firms." In the letters, Lucas expressed concern that the firms' DEI practices unlawfully discriminate against applicants and employees in violation of Title VII. For additional information, see HERE.
- March 18, 2025 (former EEOC officials respond): Seven former EEOC officials issued a letter to Lucas expressing concern that Lucas' March 17 letter to the law firms exceeded the agency's authority under Title VII and requested that Lucas withdraw the letters. For a brief update on the former officials' response, see HERE.
- March 19, 2025 (EEOC issues guidance): The EEOC released technical assistance documents to provide guidance on "unlawful DEI-related discrimination." The first document (What To Do If You Experience Discrimination Related to DEI at Work), issued jointly with the U.S. Department of Justice, clarifies when DEI policies and practices may be unlawful under Title VII. The second document (What You Should Know About DEI-Related Discrimination at Work), issued solely by the EEOC, describes the application of Title VII to DEI initiatives with examples of unlawful DEI policies and practices. For additional information, see HERE.
- March 21, 2025 (Paul Weiss EO rescinded): President Trump issued EO14244, Addressing Remedial Action by Paul Weiss, which revoked the Paul Weiss EO after the firm, among other things, "commit[ed] to merit-based hiring, promotion, and retention, instead of 'diversity, equity, and inclusion' policies"; and agreed to provide $40 million worth of pro bono services to support the administration's initiatives, including assisting military veterans and combating anti-Semitism.
- March 25, 2025 (Jenner & Block EO issued): President Trump issued an Executive Order (Addressing Risks from Jenner & Block) accusing the firm of condoning "partisan 'lawfare' and abus[ing] its pro bono practice to engage in activities that undermine justice and the interests of the United States[,]" including former partner Andrew Weissmann's involvement in Robert Mueller's investigation of President Trump and for unlawful discrimination "against employees based on race and other categories . . . through the use of race-based 'targets.'" Similar to the Perkins Coie and Paul Weiss EOs, this EO suspends security clearances of firm employees, directs agencies to terminate federal contracts with the firm and federal contractors who hire the firm, and references the investigation of law firm DEI practices detailed in the Perkins Coie EO.
Employer Takeaways
As the administration continues to target "illegal DEI" with limited guidance on how it defines this term, employers may be unsure of what steps they may take to create and maintain inclusive workplaces. It is important to note that Executive Orders do not relieve employers of the obligation to comply with federal, state, and local anti-discrimination laws. Accordingly, employers should continue implementing lawful policies and practices to ensure compliance with all applicable anti-discrimination laws.
- For takeaways in light of the EEOC's guidance on "DEI-related discrimination," see HERE.
- For takeaways on best practices to implement lawful DEI initiatives from the Attorneys General, see HERE.
- For a discussion of other DEI-related EOs and legal challenges affecting employers beyond the private sector, see HERE.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
