Roundup: Employer resources on the changing landscape of DEI 

The US Supreme Court, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023), ruled colleges' use of race as a factor in student admissions is unconstitutional under the Fourteenth Amendment’s Equal Protection Clause.

Since the decision, there have been various viewpoints on the effect of this ruling on companies’ diversity, equity and inclusion (DEI) programs. While the prior Biden administration actively supported affirmative action and various DEI initiatives, President Trump’s administration has adopted a firm stance against DEI programs in both the federal government and private sectors, issuing several executive orders (EOs) designed to limit these efforts. For example, one EO directs all federal agencies to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” Additionally, the EO directs the Office of Federal Contract Compliance Programs to immediately cease (i)  promoting “diversity;” (ii) holding federal contractors and subcontractors responsible for taking “affirmative action;” and (iii) allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin. On Feb. 21, 2025, a federal judge in Maryland preliminarily blocked the Trump administration from enforcing key provisions of the recent EOs to eliminate “illegal” DEI programs and initiatives from the federal government and federal contractors, finding the provisions are unconstitutionally vague and infringe free speech.

To provide employers with some information about the varying aspects and issues to consider with respect to employers’ DEI programs, this roundup provides links to government information, third-party analyses, news articles and viewpoints. The aggregated content in each section is organized in reverse chronological order and is by no means comprehensive. The content also does not necessarily reflect Mercer’s or the authors’ point of view on the subject.

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