For certain sectors of the cannabis industry diversity was only ever a pr exercise for others who have tried to build a fair, equitable and tolerant culture in their companies they’ll have to tread carefully by the looks of things
Eric Meyer
The U.S. Department of Justice has announced it may pursue civil and criminal investigations against companies with hashtagDEI programs.
In a memo issued Wednesday entitled “Ending Illegal DEI and DEIA Discrimination and Preferences,” the U.S. Attorney General will target the private and educational sectors. The memo aligns with President Trump’s Executive Order on January 21, 2025, by targeting diversity, equity, inclusion (DEI), and diversity, equity, inclusion, and accessibility (DEIA) practices that discriminate based on race or sex.
Therefore, employers must act now to ensure compliance and avoid potential legal challenges.
❌Compliance is Non-Negotiable:
The DOJ’s memo clarifies that any DEI or DEIA initiatives that exclude, divide, or discriminate based on race or sex are unlawful. Employers, particularly those receiving federal funds, must review their programs to ensure they align with federal civil rights laws.
Emphasize Merit-Based Practices:
The Executive Order and DOJ memo reinforce the importance of merit-based hiring, promotions, and employment decisions. Employers should evaluate their current policies to ensure qualifications, skills, and performance drive decisions. The goal is to build inclusive workplaces without resorting to discriminatory practices.
⚖️Seek Legal Guidance:
In a LinkedIn post (https://lnkd.in/eEcqxKEJ), former EEOC Vice Chair Chai Feldblum emphasized that the DOJ’s use of terms like “discriminate,” “exclude,” and especially “divide” in the memo is open to interpretation, making it crucial to consult legal counsel.
Employers should work closely with hashtagemploymentlaw attorneys to develop policies that foster a diverse and inclusive workplace while ensuring compliance with federal law. For example, Ms. Feldblum suggested inclusive language reflecting a commitment to creating a fair work environment where everyone is valued and respected. Companies can also affirm that they do not tolerate discrimination based on race, sex, or any other protected characteristic.
Other Practical Steps for Employers
Review and Revise Policies:
Conduct a comprehensive audit of existing DEI and DEIA programs to identify and address potential compliance risks.
Train Your Team:
Ensure hashtaghumanresources professionals and managers are educated on merit-based practices and understand the legal implications of the new memo.
Refine Messaging:
Promote an inclusive and fair workplace by using language that reinforces unity and equal opportunity without crossing legal boundaries.
The DOJ memo reemphasizes a significant shift in how DEI initiatives must be structured moving forward. Employers cannot afford to take a wait-and-see approach. Proactive compliance, clear communication, and legal guidance will be key to navigating this evolving landscape while fostering a workplace culture rooted in fairness and inclusion. Now is the time to act—before policies come under legal scrutiny.
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