Should we scrap our DEI efforts entirely?

Re-examining HR practices, especially AAPs and DEI programs is strongly recommended. Eliminating or reimagining certain DEI initiatives that are likely to fall afoul of the new regime is then generally advisable. Initiatives explicitly designed to improve outcomes for historically underrepresented classes of people, such quotas and targets for women and ethnic minorities, are likely to be deemed discriminatory against other classes such as white men.

However, abandoning every effort and initiative falling under the umbrella of DEI is likely to be a knee-jerk reaction. This Reuters article Despite Trump order, abandoning DEI could land companies in legal trouble | Reuters, for instance, warns that a complete abandonment will also open up risks of different kinds of equal opportunities litigation, such as disparate impact lawsuits, and negatively affect the workforce. (Diversity in itself has been shown in some studies to increase performance and productivity, based on the reality that overlooking certain groups means missing out on talent.)

Instead of targets, quotas, or race- and gender-based initiatives, in the spirit of the Executive Order, organizations are now encouraged to focus on safer “merit-based” initiatives to increase fairness in the workplace.

What are the safer “merit-based” alternatives to classic DEI programs?

To continuing promoting a fair and inclusive workplace within the scope of equal opportunities law, several kinds of merit-based initiatives can be introduced and expanded, including the following:

• Skills-Based Recruitment (Anonymized Recruiting): Remove identifying information (e.g., name, gender) from resumes and applications to reduce bias and focus on qualifications and skills. Tools like MeVitae’s dynamic, customizable blind (anonymized) recruiting solution, integrating directly into your HR platform/ATS, and techniques such as structured interviews help ensure fair hiring decisions.

• Expanded Talent Pipelines: Source candidates from non-traditional paths (e.g., vocational programs, community colleges) and partner with local organizations to broaden recruitment efforts. This fosters access without relying on quotas.

• Data-Driven Monitoring: Use HR analytics to track hiring, promotions, and retention metrics. Regular audits identify barriers and ensure fairness while maintaining transparency. MeVitae’s forensic auditing and analytics solutions give invaluable insight to promoting fairness and risk analysis to stay compliant and avoid litigation.

• AI Tools: Leverage AI for unbiased candidate screening based on skills and qualifications. Audit algorithms regularly to ensure compliance with anti-discrimination laws. MeVitae’s AI talent screening tool is designed with ethical decision-making at the forefront.

• Job Specification Analysers: Organizations can minimize risk of unfair impact before any candidates apply, by ensuring that job listings are fairly worded so that they appeal to a diverse base of jobseekers.

• Community Engagement: Partner with schools and nonprofits to support training programs, scholarships, and workforce development in underserved communities, building long-term talent pipelines.

• Inclusive Workplace Culture: Foster open communication, provide leadership training on inclusivity, and offer flexible work arrangements. Focus on collaboration and mentorship based on merit rather than identity groups.

Such initiatives create equitable systems that reward skills and performance while mitigating legal risks associated with traditional DEI programs.

How can we be certain that we are taking the right approach?

Much uncertainty has arisen following the new Executive Order, and the future only looks more uncertain, with the Attorney General to publish more guidance for the private sector in May.

In the meantime, alongside comprehensively auditing and adjusting policies, introducing more cautious, merit-based solutions, and training and educating staff on the reforms, we would strongly recommend consulting an experienced employment attorney with expertise in discrimination claims. (MeVitae is not a law firm and is not able to offer legal advice.)

Stay tuned to the MeVitae blog for more insights, and feel free to contact us at [email protected] to discuss fine-tuned merit-based solutions for your peace of mind.