Clifford Chance

DE&I under the Trump administration – How far has the pendulum swung?

January 24, 2025

As expected, President Trump signed several Executive Orders focused on Diversity Equity and Inclusion ("DE&I") within the first days of his new presidency.  While the focus is largely on terminating DE&I programs and initiatives within and related to the Federal Government, significantly, there are two developments which squarely impact private companies who may be forced to pivot in their hiring and promotion criteria on threat of a civil rights discrimination investigation or disqualification from government contracts/tenders.  While the actual enforcement policy in practice has yet to emerge, companies should assess and understand their risks under this new civil rights policy, recognizing that the new policy may come under legal challenge.

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