‘Lean on the law’: Attorneys urge employers to stay the course on DEI

Summary

At an American Bar Association employment law event in Denver, attorneys and former EEOC commissioners advised employers to continue legitimate diversity, equity and inclusion (DEI) work, using Title VII and corporate values as guidance. Speakers emphasised that unlawful race‑based hiring was already illegal and remains so, and that properly designed DEI programmes that are open to all and rooted in equal opportunity are defensible under current law.

Panelists — including LinkedIn’s Tobias Spruill, EEOC Commissioner Kalpana Kotagal and former commissioner Charlotte Burrows — recommended that employers keep working with counsel, maintain lawful DEI structures, and frame initiatives around equal access and company values to reduce legal risk and preserve anti‑bias safeguards.

Key Points

Legal framework remains the primary guide: Title VII continues to govern what is lawful in DEI activities.
Unlawful DEI (e.g. hiring solely on the basis of race) was unlawful in 2024 and remains unlawful in 2025; employers should avoid practices that violate discrimination law.
Design programmes for equal participation — for example, make “women in tech” events and mentoring open to all employees — to reduce exposure to legal challenge.
Employers should continue counsel‑approved DEI work rather than abandoning it; removing anti‑bias structures can increase discrimination risk.
Use both statute and company values as a “North Star” when shaping DEI strategy and communications.

Context and relevance

This guidance arrives amid heightened political scrutiny of DEI in the US and increased regulatory attention. For HR leaders and legal teams, the message is practical: rely on established discrimination law, document legal review, and keep DEI efforts focused on equal employment opportunity and inclusion rather than exclusionary practices.

The article is relevant to employers balancing reputational, operational and legal risks: maintaining lawful DEI work can help prevent classic discrimination claims and preserve the systems that mitigate bias.

Why should I read this?

Short answer: because it tells you to stop panicking and start documenting. The lawyers at the ABA event laid out a clear, usable playbook — stick to Title VII, keep programmes inclusive, and follow counsel. If you run HR, legal or people ops, this helps you decide whether to pause, pivot or press on with DEI work without shooting yourself in the foot.

Author style

Punchy — urgent but pragmatic: if this matters to you, the detail is worth a read because it clarifies legal risk and practical fixes for DEI programmes.