How DEI Changes Are Reshaping the Workplace in 2025

In 2023, the United States Supreme Court overruled its own precedents, going back as far as the 1970s, and decided that the admissions programs of Harvard and the University of North Carolina were unconstitutional and illegal (in what is known in legal circles as the SFFA cases). The issue before the Court in these cases was the role, if any, that an applicant’s race could play in the higher education admissions process.

Since 2023, human resources (HR) professionals have grappled with the issue of how, if at all, the SFFA cases impact the subject of employment civil rights laws. Specifically, do these rulings signal DEI changes for corporate hiring policies and the role of an applicant’s race? And do the Court decisions go even further, requiring reexamination of all corporate diversity, equity, and inclusion programs, including those that touch upon sex, religion, national origin, age, and disability?

Why DEI Programs in the Workplace Are Changing

Neither the Supreme Court nor any lower federal courts or state courts have provided any guidance in the past two years; none have ruled employer DEI programs in the workplace unconstitutional or illegal. However, a significant number of employers have preemptively changed their programs prior to the adjudication of any formal legal challenge. In the last year, big companies like Meta, Target, Lowe’s, and Amazon have all publicly scaled back or eliminated their diversity, equity, and inclusion programs.¹

These DEI changes have coincided with shifting political leadership and growing uncertainty over what the future of DEI in the workplace looks like. With no definitive legal ruling, many companies have moved cautiously in response to perceived risk.²

EEOC Restructuring and Enforcement Signals

President Trump has begun overhauling the composition of, and the priority messaging from, the U.S. Equal Employment Opportunity Commission (EEOC), the primary federal administrative agency created by Congress to address the subject of discrimination in the workplace.³ These efforts reflect broader DEI policy changes being introduced under the current administration.

The EEOC’s 2025 pronouncements have introduced a new emphasis on what it now terms “DEI-related discrimination at work,” contributing further to uncertainty about what constitutes lawful corporate behavior in the DEI space.³

The President has also publicly threatened to withhold federal funding or discontinue federal government contracts with entities, including some universities, that do not eliminate programs deemed unacceptable under the EEOC’s revised framework.³ This shift has further fueled concern about the future of DEI and its sustainability in federally connected institutions.

Changing Industry Norms: SHRM’s Role in DEI Trends

In 2024, the Society for Human Resource Management (SHRM) caused a stir in the HR community by announcing that it was shifting its DEI programming by dropping “equity” and instead focusing solely on inclusion and diversity.⁴ Many criticized the move, with several practitioners vowing to let their SHRM certifications or membership lapse. Others contributed to an online resource listing alternatives to SHRM, spanning conferences, peer networking groups, and knowledge resources.

A recent report found that 78% of C-suite executives intend to rebrand their DEI programs with terms like “employee engagement” or “workplace culture” while staying committed to the underlying value of inclusion.¹ While a full discussion of the relevant HR laws to consider when weighing the costs and benefits of corporate policy changes in this area is beyond the scope of this blog, there are three general constitutional law principles to keep in mind when considering what “equity” can mean in a DEI program in 2025.

Three Legal Principles That Will Shape the Future of DEI

First, as mentioned previously, the United States Congress created the EEOC. Additionally, it was Congress that passed not only Title VII of the Civil Rights Act of 1964 but also the Age Discrimination in Employment Act. Only Congress and the legislative branch of the federal government—not the President and the executive branch of the federal government—can change the text of the language in anti-discrimination laws.

Second, it is not just the EEOC or supportive third parties that can bring lawsuits into court to challenge established DEI programs. Section 706 of Title VII states that aggrieved applicants and employees can file complaints claiming that the elimination of DEI programs constitutes direct or indirect employment discrimination. Only the federal judicial branch—not the federal executive branch—has the power to decide whether challenged corporate behavior is illegal under a law that Congress has passed.

Third, there are state employment anti-discrimination laws that address the same issues as federal employment anti-discrimination, including claims of hiring discrimination on the basis of race. Section 708 of Title VII states that federal law does not exempt or relieve any person from legal liability provided by any present or future law of any state (or political subdivision of a state). A corporation, whether large or small, is obligated to follow all anti-discrimination laws in the states in which it employs workers.

Develop Expertise in Employment Law

Navigating the evolving political landscape and managing DEI programs in the workplace successfully increasingly requires foundational legal expertise. HR professionals can enhance their effectiveness and impact by broadening their legal knowledge and developing the skills needed to address emergent employment law issues.

An Online Master of Studies in Law with a Human Resources Law specialization or a Human Resources Law Certificate from the University of Pittsburgh School of Law can prepare you to develop and lead DEI initiatives within companies of all sizes. Through our programs, you’ll have the opportunity to learn from experts in the field and develop knowledge and skills that translate directly to the workplace.

If you are ready to take the next step in your HR career, review our admissions process and connect with one of our admissions outreach advisors today.