In the face of the Executive Orders issued by President Trump, many not for profit organizations are questioning their DEI programs. So far, the Trump administration his issued four executive orders addressing DEI issues:

• Initial Recissions of Harmful Executive Orders
• Ending Radical and Wasteful Government DEI Programs and Preferencing
• Gender Ideology Extremism
• Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Amongst other actions, these executive orders:

• Revoke previously issued DEI-related Executive Orders
•  Direct federal agencies to terminate their internal DEI programs
•  Require federal agencies to identify federal contractors who received federal funding for DEI programs
• Direct all federal agencies to take action against DEI discrimination

At this time, there is no guidance on the actions the federal government intends to take under these Executive Orders or how federal government will use these Executive Orders to shape its grantmaking. Accordingly, while the DEI executive orders and guidance in this unprecedented area mature, your organization may wish to consider taking protective actions such as reviewing your website for references to DEI, looking at group names, share drive folder names, and any outward facing resources referencing DEI.

We will continue to monitor developments as they arise and provide regular updates on the status of DEI programs and grants based upon these Executive Orders. As always, we are here to support you in achieving your organizational goals while being informed of applicable law.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.