EEOC Veterans Share Playbook for Legally Compliant, Inclusive Workplaces

"Is DEI dead?" That's been the question on many employers' minds for much of the past year — and one that inevitably falls to HR to answer.  

Like so much in today's ever-changing employment environment, the reality is simple but nuanced, former Equal Employment Opportunity Commission (EEOC) chairs Victoria A. Lipnic and Jenny R. Yang told the audience at SHRM BLUEPRINT 2025 on Oct. 27 in Louisville, Ky.  

Lipnic and Yang joined SHRM CHRO Jim Link, SHRM-SCP, on stage and shared several key points to guide HR professionals handling inclusion and diversity (I&D) efforts. 

1. Reports of I&D's Death Have Been Exaggerated 

"Lawful [I&D] efforts are not dead," said Lipnic, who served as acting EEOC chair in President Donald Trump’s first administration. She is now a partner at Resolution Economics, a labor advisory consultancy.  

Yang noted that the "lawful" part is key, because U.S. anti-discrimination law has not changed.  

"There are new executive orders that are a statement of the [Trump] administration’s policy, but those do not change the fundamental civil rights protections of Title VII that prohibit discrimination based on race, gender, and other bases," Yang said.

According to Yang, who served as EEOC chair in former President Barack Obama’s second term and is now a partner at employment law firm Outten & Golden, legal efforts that courts have upheld include:  

• Removing Barriers: Work to reduce obstacles that limit opportunities for potential hires or employees based on protected characteristics have been ruled legal time and time again, Yang said. 

• Embracing Diversity: "[I]t is well-established law that employers may express their interest in providing equal opportunity by having a policy that embraces diversity and by working to address barriers," Yang and several other former EEOC leaders wrote in a statement in April.  

When Congress passed equal employment opportunity legislation, "the main purpose was encouraging employers to prevent discrimination," she added.  

"The work of advancing DEI is the work of advancing fairness and equal opportunity," Yang said. "All of you are here because you recognize in this 21st-century workplace, it’s imperative that organizations provide fairness and equal opportunity for all to succeed."

Toolkit: SHRM's BEAM Framework for I&D

2. Review Programs Now to Confirm Legality 

It is possible that some programs under the banner of I&D, "especially [those instituted] in the past five years, may have crossed the line in terms of legality," Lipnic said. She added that a thorough review of existing practices and programs to ensure that they provide an "environment that is fair and equitable" is paramount for employers in this political moment.  

If organizations haven’t reviewed their I&D practices and related programming within the past six months, Lipnic cautioned that "there’s some risk there."  

Watch out for red flags, such as race or sex-limited efforts. "It’s really the race-limited or exclusive programs that are under attack," Yang said. Mentoring or training programs limited to people from an underrepresented group should instead be open to all.  

Programs should focus on removing barriers, the former commissioners said. If there is a pattern where women are leaving the organization or not advancing, the employer can make sure everyone, including women, has the skill set to succeed. 

"You can design a program to address that barrier but open the program to anybody who might be interested in how to advance, or gain that skill set," Yang said.  

Template: Inclusion and Diversity Policy

3. Data Collection Isn’t Just Legal — It’s Also Prudent

Since January, some employers have been hesitant to collect applicants' and employees’ demographic data, Yang noted.  

"The law supports collecting data on demographics of applicants and current employees because that information is critical to identifying potential discriminatory barriers, and there is not a new prohibition or risk in doing the work of preventing discrimination by collecting and analyzing it," she said.

Failure to collect that data could actually be harmful in the case of an EEOC or other investigation, Lipnic also pointed out.  

"I think that is very risky if you have stopped doing [data collection], because you do need data based on race and based on sex," she said. "If you are subject to an EEOC charge and investigation, if the EEOC comes calling and you don’t have that, that’s going to be a problem."

Seminar: U.S. Employment Law and Compliance

4. It Doesn't Have to Be 'DEI' to Increase Diversity (and Performance)

Extending workforce development programs to include those who may be experiencing barriers to employment, as well as individuals from other backgrounds, goes directly to equal opportunity, said Yang. "These efforts go back to Title VII and ensuring that our workplaces are free from bias," she explained.  

There's growing evidence that such programs will increase diversity, even if that's not their goal, Yang said, pointing to recent research published in Harvard Business Review.  

The study examined several companies, including Walmart, that undertook a major training initiative in 2016 to improve employee quality and, therefore, business results. In just one year, promotions of people of color from hourly to managerial jobs had increased by 5%, the study showed. Over the next eight years, the percentage of people of color in Walmart management positions increased from 31% to 43%.  

Checklist: Inclusion and Diversity Program Compliance

5. I&D Remains Critical for Attracting and Retaining Talent

Despite pushback, I&D remains a major factor for organizations seeking to attract and retain talent. "Communicating authentically your organization's commitment to fairness and equal opportunity is critical for both recruiting [and] retention, as well as employee engagement," Yang said.  

She pointed to recent research by Catalyst and the Meltzer Center for Diversity, Inclusion, and Belonging in which more than 40% of surveyed employees said they would quit their job if their employer abandoned DEI, and more than 75% of employees said they were more likely to stay at their job if their employer continued to support DEI.  

"The terminology, specifically DEI, has been pretty severely damaged reputationally," Lipnic said, adding that the world of work has not yet landed on a worthy substitute. "We're searching for what is the new best language that is aspirational and where people perceive that there is fairness in their workplaces."

Companies that try to eschew DEI publicly while privately pursuing legally compliant I&D efforts run the risk of losing trust with employees.  

"There is absolutely a way to communicate that even if you have changed certain practices, you've re-evaluated what's worked, you've engaged in a reset, that you're committed to authentically and meaningfully ensuring your practice of ensuring fairness for all," Yang said.