It’s time corporate attorneys shifted from defense to offense on DEI
Corporate America is under attack, but not in the way some executives and legal teams seem to think. The assault on Diversity, Equity, and Inclusion initiatives isn’t rooted in law — it’s a political strategy. A strategy many companies (like Salesforce, Inc, Victoria’s Secret & Co. and State Street Corp. recently) are folding under without a long-term view of the repercussions.
The forces opposing workplace diversity efforts are not bound by legal precedent, consistency, or even logic. They are waging a war of perception, leveraging fear, disinformation, and political pressure to push corporations into surrender.
At the same time some corporations are getting bad advice bordering on malpractice from their legal counsel. As a consultant I have heard shocking statements such as “affirmative action doesn’t exist any more” and “you can’t recruit at HBCU’s any more."
Attorneys advising these corporations need to recognize what’s happening: This is not business as usual. The response cannot be hysterical misinterpretations of the law or passive compliance or unnecessary retreat.
The panic surrounding corporate DEI programs is built on a lie. Opponents want companies to believe that these programs are now legally indefensible, but the reality is that DEI efforts remain fully lawful under existing employment laws, including Title VII of the Civil Rights Act.
The Supreme Court’s decision on affirmative action in college admissions did not outlaw DEI in employment. A federal court has already blocked attempts by the Trump administration to ban DEI programs in government agencies, educational institutions and the private sector. “The court held that the Executive Orders impermissibly target the expression of views supportive of equity, diversity and inclusion and violates the First and Fifth Amendments of the United States Constitution. The federal court noted that the Executive Orders are in fact antithetical to federal anti-discrimination law.” If corporations voluntarily fold on DEI despite having legal protection, what will be next?
Corporate lawyers cannot afford to play defense. The opponents of DEI are not operating in good faith; they are engaged in "asymmetrical warfare" and corporations should not be pretending it’s a routine policy debate, they must get just as “creative.” The best example of how corporate legal teams can fight back is the Supreme Court’s own ruling in Citizens United v. FEC.
It can be argued that Citizens United handed corporations the same First Amendment protections as individuals, granting them the ability to engage in political speech, advocate for policies and shape workplace culture without government interference. If the right to corporate speech extends to political donations and lobbying, then it certainly applies to a company’s commitment to fostering an inclusive workforce. It is time for corporations to stop playing by the opposition’s rules and start using their own legal arsenal to defend their values.
Rather than cower in the face of political rhetoric, corporate lawyers should be actively defending DEI as both a business necessity and a matter of free speech. Companies have just as much right to declare that diversity is a corporate value as they do to engage in marketing campaigns or political donations.
If companies continue to cave to political pressure despite having the law on their side, they are setting a disastrous precedent. The anti-DEI movement is not rooted in law; it is a coordinated political attack designed to create compliance through fear. Every retreat emboldens opponents to push further.
Executives and their legal teams need to ask themselves: Do we want to be the generation of corporate leaders that allowed the erosion of workplace inclusion out of fear? Or do we want to be the leaders who recognized the game being played and refused to fold?
The companies that withstand this attack on workplace inclusion will be the ones that recognize it for what it is: a political strategy, not a legal reckoning. Corporate leaders need to stop treating DEI as a compliance issue and start treating it as a business imperative. Diversity isn’t about politics — it’s about performance, innovation and global competitiveness. Those who abandon DEI efforts are making a decision not just about their workforce, but about the future viability of their companies in an increasingly diverse market.
And when corporations do take a stand, they must be prepared to defend it — not just in press statements, but in courtrooms. If lawmakers or activist groups attempt to bully companies into abandoning DEI under the guise of legal risk, those companies should challenge those efforts with the same force they would use to protect any other core business function.
Because here’s the truth — companies that panic and dismantle DEI today will spend the next decade trying to rebuild their reputations, recover lost talent and repair the damage. Those that hold their ground will emerge stronger, more competitive and on the right side of history. The choice is theirs.
The battle over DEI is not about legality — it is about who will stand firm in the face of political intimidation. The law is still on the side of workplace inclusion, but if corporations voluntarily surrender, they risk losing far more than just their DEI programs.
Corporate attorneys, it’s time to stop playing defense. The opposition is waging a full-scale attack on workplace inclusion. It’s time to fight back.
Shari Dunn, a former practicing attorney, professor, and nonprofit executive, is a consultant focusing on systemic equity, diversity, and inclusion. She is the author of the book "Qualified: How Competency Checking and Race Collide at Work" (Harper Business).
-
How corporate America is ditching DEI without abandoning inclusion
Companies are shifting their focus from DEI initiatives to evidence-based decision-making frameworks to avoid controversy and maintain support from all stakeholders.The Hill - 1d -
Corporate DEI Policies Can Create Problems Not Seen by Many Smaller Businesses
A report on problems with Morgan Stanley’s DEI program contrasts with the success of small businesses’ equality and inclusion practices — and their strong defense of them amid rising political ...Inc. - 8h -
UConn men put on best defensive half of season to roll over Villanova in Big East Tournament quarterfinal
NEW YORK – Dan Hurley’s strategy for roster construction has changed over the last few years. Rather than zeroing in on great defensive recruits, the UConn men’s basketball staff has shifted to ...Yahoo Sports - 5d -
US companies drop DEI from annual reports as Trump targets corporate values
Federal investigation of initiatives is bosses’ ‘number one’ worry as Trump attacks ‘immoral discrimination’Financial Times - 3d -
Iowa baseball shifts dates and times of upcoming Big Ten series vs. Michigan State
As Iowa baseball enters its second Big Ten series this weekend vs. Michigan State, a notable scheduling shift has been made to the series.Yahoo Sports - 6d -
Black Medal of Honor recipient removed from US Department of Defense website
Page honoring Charles C Rogers for his Vietnam war service is now defunct with letters ‘DEI’ added to website address. The US defense department webpage celebrating an army general who served in ...The Guardian - 3d -
SAG-AFTRA reaffirms 'unwavering commitment' to DEI as Hollywood studios scale back
SAG-AFTRA, one of most powerful unions in Hollywood, is showing continued support for its DEI initiatives despite the major movie studios' move away from the inclusive measures.Los Angeles Times - 2d -
NCAA BASKETBALL: Big fourth quarter sends Lady Royals to Elite Eight
SCRANTON — Its trademark defense was there throughout. Fortunately for the University of Scranton women’s basketball team, its offense arrived just in time. After struggling for three quarters, the ...Yahoo Sports - 4d -
A Tariff Tantrum: the Upheaval from Trump’s Trade Policies
Corporate chiefs see “chaos,” and investors see red as the effect of President Trump’s shifting trade policy begins to weigh on board rooms and trading rooms.The New York Times - Mar. 7 -
The Lions want to erase the free first down via defensive holding and they're right
The Lions' proposal to erase automatic first downs for a defensive hold keep offenses from getting bailed out by weak calls.Yahoo Sports - 8h -
Houston adding a potent offense to its suffocating defense has the Big 12 champs set for a Final Four run
While the other projected No. 1 seeds have issues, it's the Cougars who look like the team to beat in the NCAA TournamentCBS Sports - 3d -
Jackie Robinson's Army career wiped from military website in DEI purge
The military story of Jackie Robinson, who broke baseball's color barrier after serving as a 2nd lieutenant in the Army, no longer exists on the Department of Defense’s website as part of the Trump ...NBC News - 9h -
U.S. Department of Defense restores Jackie Robinson story on website, admits it was taken down in DEI purge
There was online backlash this week after a story highlighting Robinson's time in the military was taken downCBS Sports - 4h -
HUD rejects Asheville's Helene recovery plan because of its DEI targets
The U.S. Department of Housing and Urban Development (HUD) rejected Hurricane Helene repair efforts in Asheville, N.C., because the city’s proposed recovery plan features a diversity, equity and ...The Hill - Mar. 11 -
Department of Education cuts half its workforce
The Department of Education cut half its workforce amid President Trump’s effort to abolish the agency. Trump touted the cuts, saying they shift responsibilities away from the federal bureaucracy ...NBC News - Mar. 12 -
Judge orders reinstatement of education grants axed by Trump in DEI sweep
A judge ordered the Trump administration to reinstate education grants it had nixed as part of its work to end DEI initiatives.CNBC - 1d -
Reynoldsburg coach shifted from his NCAA Division I dream to an OHSAA dream season | Arace
Reynoldsburg High School is seeking its first OHSAA state boys basketball title Saturday night. Coach Andrew Moore is finding peace in the pursuit.Yahoo Sports - 9h -
Playing in harmony, despite the president's DEI executive order
When President Trump's executive order banned DEI programs throughout the government, the United States Marine Band was forced to cancel a planned concert with teens from Equity Arc, a nonprofit ...CBS News - 2d -
Game Wrap | Purdue 68, Michigan 86 | Shots don't fall, defense falters
Second day legs, or a season long trend, Purdue's offense wasn't good enough to make up for a defense that had no answer for Michigan in its second game in two days in the Big Ten Tournament and ...Yahoo Sports - 4d -
Former DOJ attorney: Trump ‘determined’ to demolish the rule of law’
Liz Oyer, a former pardon attorney for the Department of Justice (DOJ), said she believes President Trump is “determined” to “demolish the rule of law.” Oyer, who was ousted from the DOJ earlier ...The Hill - 1d -
Dr. Oz’s charm offensive
Click in for more news from The Hill {beacon} Health Care Health Care The Big Story Dr. Oz’s charm offensive Dr. Mehmet Oz, President Trump’s pick to lead the Centers for Medicare and Medicaid ...The Hill - 5d -
Travis Hunter Is a Star on Offense, Defense and in the Boat as a Fisherman
The top N.F.L. Draft prospect plays on both sides of the football. His greatest talent might be what he does when he’s not on the field.The New York Times - 10h -
Defense Department webpage on Jackie Robinson's military service suddenly missing amid DEI purge
A Department of Defense webpage describing baseball and civil rights icon Jackie Robinson’s military service is now missingABC News - 8h -
Abrdn’s Rebrand Reversal and a History of Corporate Missteps
A British investment firm restored most of the vowels to its name after a widely ridiculed revamp that showed the pitfalls of trying to look cool in the digital age.The New York Times - Mar. 8 -
Why are UEFA Champions League games an hour later? Daylight savings time in U.S. shifts kickoff times
The time difference will impact the second leg of the round of 16CBS Sports - Mar. 11 -
Kohl’s Evolves Its Diversity Program Amid Trump Disparagement
Kohl’s joins a growing number of companies to alter its DEI practices amid government change.Inc. - 4d -
Texas defensive end receives offer from Nebraska
Nebraska football extended an offer to class of 2027 defensive end DeMarco Jenkins on Wednesday. He made the announcement on social media.Yahoo Sports - 5d -
Law firm sues Trump administration after executive order targeting its attorneys
Perkins Coie has filed suit against the Trump administration over an executive order that targeted the firm for its work representing Clinton's 2016 campaign.ABC News - Mar. 11 -
Mater Dei High School Signs Seven-Figure Media, NIL Deal With Playfly
Mater Dei High School, a California private school nationally known for its strong sports programs, has inked a 10-year multimedia rights deal with media and marketing company Playfly Sports. It’s ...Yahoo Sports - 6h -
Cameron Jordan knows who he wants the Saints to draft in Round 1
Cameron Jordan typically advocates for his defensive line, but this time he wants the Saints to pick a specific offensive playmaker in the NFL draft.Yahoo Sports - 3d -
Hawaii adds defensive lineman from Richmond
COURTESY RICHMOND ATHLETICS Carsen Stocklinski COURTESY RICHMOND ATHLETICS Carsen Stocklinski Adding to the interior design of the defensive line, the University of Hawaii football team received a ...Yahoo Sports - 3d -
Rippling Sues Deel, a Software Rival, Over Corporate Spying
A lawsuit by Rippling accuses a top competitor, Deel, of placing a mole in its ranks — which it uncovered via a “honeypot” trap on Slack.The New York Times - 2d -
Jonah Jackson explains Ben Johnson's expectations for Bears offensive line
New Chicago Bears guard Jonah Jackson explains what head coach Ben Johnson expects from the offensive line.Yahoo Sports - 4d -
Corporate Gloom Deepens as New Trump Tariffs Take Effect
Businesses need stability and clarity and instead they are getting calamity from Washington.Inc. - Mar. 12 -
Bears again dominating the offseason, get plenty of help on offensive and defensive lines
The Bears worked hard to fix both lines.Yahoo Sports - Mar. 10 -
CEO Kelly Ortberg Bets Boeing’s Future on Restoring Its Damaged Corporate Culture
The aviation sector veteran says his fellow execs need to communicate better to restore Boeing’s culture. He’s also asking wary workers to be partners in that process.Inc. - 5d -
The Rangers' Odds To Make The Playoffs Continues To Shift Dramatically
It's Friday, folks, and I'm ready for my weekly Ask The Maven question. This one comes from Esa Newton of Manhattan. Go to it, Esa:Yahoo Sports - 5d -
Taiwan’s asymmetric defense opportunity
Taiwan’s President Lai Ching-te took a major step forward on Feb. 14 when he publicly committed to raising Taiwan’s defense spending from 2.45 percent to 3 percent of GDP in 2025 through a special ...The Hill - Mar. 12 -
Vance's mother-in-law pushed for DEI at her California university, CBS News finds
The Trump administration has been steadfast in its opposition to diversity, equity and inclusion initiatives. A CBS News investigation finds that those anti-DEI positions conflict with the work ...CBS News - Mar. 12
More from The Hill
-
Clyburn says prediction of ‘Jim Crow 2.0’ coming true
Rep. James Clyburn (D-S.C.) said his previous theory that the Trump administration would enact “Jim Crow 2.0” is coming true. Clyburn joined CNN’s Brianna Keilar on Wednesday, when he was asked if ...The Hill - 40m -
Trump to sign order Thursday dismantling Department of Education
President Trump is expected to sign an order on Thursday to launch the Department of Education's dismantling. A White House official told NewsNation that the anticipated executive order, first ...The Hill - 1h -
Former Houston City Council member launches House bid to succeed late Sylvester Turner
Former Houston City Council member Amanda Edwards announced her bid for Congress on Wednesday to fill the seat vacated after the death of Rep. Sylvester Turner (D-Texas), saying the Democratic ...The Hill - 2h -
Crash victims' families ask Transportation Dept not to let Musk influence Tesla probes
Families of several people who were killed or seriously injured in Tesla crashes from its self-driving technology have urged the Department of Transportation (DOT) not to let Elon Musk’s influence ...The Hill - 2h -
Israel returns to deadly force in Gaza
Welcome to The Hill's Defense & NatSec newsletter {beacon} Defense &National Security Defense &National Security The Big Story Israel returns to deadly force in Gaza The Israeli military ...The Hill - 2h
More in Politics
-
Clyburn says prediction of ‘Jim Crow 2.0’ coming true
Rep. James Clyburn (D-S.C.) said his previous theory that the Trump administration would enact “Jim Crow 2.0” is coming true. Clyburn joined CNN’s Brianna Keilar on Wednesday, when he was asked if ...The Hill - 40m -
Trump to sign order Thursday dismantling Department of Education
President Trump is expected to sign an order on Thursday to launch the Department of Education's dismantling. A White House official told NewsNation that the anticipated executive order, first ...The Hill - 1h -
Trump’s new clashes with federal judges
A federal judge gave the Trump administration one more day to respond to questions about recent deportation flights to El Salvador with alleged gang members, but warned of “consequences” if he ...NBC News - 1h -
Former Houston City Council member launches House bid to succeed late Sylvester Turner
Former Houston City Council member Amanda Edwards announced her bid for Congress on Wednesday to fill the seat vacated after the death of Rep. Sylvester Turner (D-Texas), saying the Democratic ...The Hill - 2h -
Crash victims' families ask Transportation Dept not to let Musk influence Tesla probes
Families of several people who were killed or seriously injured in Tesla crashes from its self-driving technology have urged the Department of Transportation (DOT) not to let Elon Musk’s influence ...The Hill - 2h