In this episode of MOVE Like This, employment attorney Aislinn Sroczynski breaks down what many leaders are struggling to navigate: how to maintain meaningful DEI efforts without exposing the organization to unnecessary legal risk. Despite the noise in today’s politically charged environment, Sroczynski stresses that the legal foundation supporting DEI has not changed. Core federal laws like Title VII, the ADA, the ADEA, and the Equal Pay Act still govern employment decisions, and most DEI initiatives that were lawful before remain lawful now. The key is ensuring policies promote inclusion without making decisions based on protected characteristics.
Sroczynski also clarifies what remains firmly within legal boundaries. Companies can continue inclusive hiring practices, use diverse interview panels, offer bias training, run employee resource groups (as long as they are open to all employees), and strengthen supplier diversity programs. What crosses the line are exclusive practices, such as quotas, closed-group ERGs, or any employment decision tied directly to race or gender. The greatest risk, she warns, comes not from continuing DEI work but from reacting impulsively by dismantling programs out of fear. Pulling back too far can undermine culture, create new legal exposure, and damage reputation with clients and employees.
Ultimately, Sroczynski encourages employers to take a balanced, intentional approach: review initiatives regularly, document decisions, align programs with business values, and consult counsel when needed. DEI may continue to shift with political cycles, but organizations with thoughtful, legally grounded strategies will be better positioned to adapt and to maintain trust with their teams, clients, and communities.
Key Takeaways:
- Understand the Legal Foundations: Despite political rhetoric, core anti-discrimination laws like Title VII, the ADA, and the Equal Pay Act remain unchanged. The most important step employers can take is to ensure all policies and programs align with those long-standing legal requirements.
- Design Policies for Inclusion, Not Exclusion: The simplest compliance test is whether an initiative welcomes broader participation or restricts it. Inclusive hiring practices, open employee resource groups, and flexible work policies remain effective and lawful ways to support diversity and belonging.
- Avoid the Knee-Jerk Reaction: Pulling back too far on DEI out of fear of legal scrutiny can backfire. Eliminating initiatives altogether may increase the risk of discrimination claims and erode employee trust, making retention and recruitment even harder.
- Balance Risk with Core Values: Organizations must weigh legal considerations alongside business realities. Understanding your client base, workforce demographics, and regional regulatory environment will help you calibrate how visible and proactive your DEI strategy should be.
- Document and Demonstrate Thoughtfulness: Policies don’t have to be perfect, but they do need to be intentional. Regular audits, clear documentation, legal review, and transparent communication all serve as evidence that your organization is acting in good faith.
- Prepare for the Pendulum Swing: Employment law and public sentiment shift with each administration. Firms that build compliance and inclusion into the foundation of their operations will be ready to adapt and thrive, no matter which way the political winds blow.