The Workplace Impact of DEI Rollbacks: What Employees Need to Know

Introduction

Diversity, Equity, and Inclusion (DEI) programs have long played a crucial role in fostering fair and inclusive workplaces. These initiatives help address systemic inequities by promoting diverse hiring practices, providing anti-discrimination training, and ensuring that marginalized groups—including women, people of color, disabled individuals, and pregnant workers—have equitable opportunities to succeed.

However, recent legislative and political efforts threaten to dismantle DEI programs at both the federal and corporate levels. This rollback could have profound consequences for workplace protections, hiring practices, and employee rights. For employees, understanding these risks is critical, particularly for those who may face discrimination or barriers to advancement.

The administration, whether by design or not, is creating chaos and confusion in instituting such broad executive orders with no guidance. Many believe the rollback of DEI programs mean that their workplaces are free to discriminate against them. This is not the case.  State and federal anti-discrimination laws remain in place and are not affected by either executive order, or an employer’s decision to rollback DEI programs.

In fact, this rollback of existing DEI programs could have profound consequences for workplace protections, hiring practices, and employee rights. In effect, a rollback of programs meant to promote anti-discrimination may result in active discrimination or have an illegal disparate impact on employees of a protected class. For employees, understanding these risks, and knowing their rights, is critical, particularly for those who may face discrimination or barriers to advancement.

The Role of DEI in Workplace Protections

DEI programs are not about providing advantages based on race, gender, or other identity markers; they are about leveling the playing field. These initiatives help companies and agencies recognize and address biases that have historically led to inequities in hiring, promotions, and workplace treatment. Key aspects of DEI efforts include:

• Unconscious Bias Training – Educating employees and managers on implicit biases that affect decision-making.
• Diverse Hiring and Retention Strategies – Encouraging companies to implement fair and equitable recruitment and promotion practices.
• Workplace Accommodations – Ensuring accessibility and support for disabled employees and pregnant workers.
• Reporting Mechanisms – Providing safe channels for employees to report discrimination, harassment, or bias without fear of retaliation.

Without DEI programs, these protections may erode, increasing the likelihood of workplace discrimination, limiting career growth for underrepresented employees, and discouraging reporting of workplace violations.

The Impact on Pregnant Workers and Parents

Pregnant employees and working parents benefit significantly from workplace policies influenced by DEI initiatives. Protections like the Pregnant Workers Fairness Act (PWFA) and the Family and Medical Leave Act (FMLA), as well as state equivalents, have been bolstered by corporate DEI programs that encourage compliance and best practices. Removing DEI protections could:

• Reduce Accommodations for Pregnant Workers – Many DEI initiatives advocate for expanded workplace accommodations, such as remote work, schedule flexibility, and modified duties. Without them, pregnant employees may struggle to receive necessary adjustments.
• Weaken Protections Against Pregnancy Discrimination – The lack of DEI training may result in managers being less aware of their legal obligations under pregnancy discrimination laws.
• Limit Parental Leave and Support – Many companies have expanded parental leave policies and implemented breastfeeding accommodations under the influence of DEI initiatives. Scaling back these efforts could disproportionately impact new parents, particularly women who already face career penalties for taking maternity leave.

Threats to Disabled Workers

DEI programs often include critical accessibility initiatives for disabled employees. By rolling back DEI protections, workplaces may see:

• Reduced Focus on Accessibility – Employers may deprioritize accessible hiring practices, training programs, and workplace adjustments.
• Declining Representation of Disabled Workers – Without proactive hiring initiatives, disabled employees may face increased discrimination and fewer opportunities.
• Weakening of Federal Contractor Requirements – Many businesses that contract with the government have been required to implement disability-inclusive hiring and retention strategies. These could disappear with federal DEI rollbacks.

The Danger of Eliminating DEI in Racial Equity Efforts

People of color have historically faced systemic barriers in hiring and advancement. DEI initiatives have helped counteract these disparities through mentorship programs, diverse hiring panels, and bias training. The removal of these programs could lead to:

• Fewer Opportunities for Advancement – Diverse leadership programs have contributed to the career growth of employees of color. Without these initiatives, workplaces may revert to leadership structures that exclude underrepresented groups.
• Weakened Anti-Discrimination Safeguards – DEI training helps prevent workplace harassment and discrimination. Without it, employees of color may experience more hostility and fewer avenues for recourse.
• Loss of Bias Training – DEI programs often include training that educates managers on systemic racism and workplace discrimination. Removing these programs could perpetuate biased decision-making in hiring, promotions, and disciplinary actions.

What Employees Can Do

If your workplace is scaling back DEI programs, it is essential to understand your rights under federal and state laws which remain in place to protect you, including:

• Title VII of the Civil Rights Act – Prohibits discrimination based on race, color, religion, sex, or national origin.
• Americans with Disabilities Act (ADA) – Requires employers to provide reasonable accommodations to employees with disabilities.
• Pregnant Workers Fairness Act (PWFA) – Guarantees workplace accommodations for pregnant employees.
• Family and Medical Leave Act (FMLA) – Provides eligible employees with job-protected leave for family and medical reasons.
• California Family Rights Act (CFRA)– The California equivalent of the FMLA. Provides eligible employees with job-protected leave for family and medical reasons.
• California Fair Employment and Housing Act (FEHA)– Prohibits discrimination based on any protected category. It is more broad than the federal laws, and includes Race, Color, Religion (includes religious dress and grooming practices), Sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), Gender identity, gender expression, Sexual orientation, Marital status, Medical Condition (genetic characteristics, cancer or a record or history of cancer), Military or veteran status, National origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United State is authorized under federal law), Ancestry, Disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics), Genetic information, Request for family care leave, Request for leave for an employee’s own serious health condition, Request for Pregnancy Disability Leave, Retaliation for reporting patient abuse in tax-supported institutions, Age (over 40).

Employees who experience discrimination or workplace bias should document incidents, report them internally when possible, and seek legal counsel if necessary.

Conclusion

The rollback of DEI initiatives presents significant risks to workplace protections, particularly for marginalized employees. While these programs are not perfect, they have played a vital role in promoting workplace equity and preventing discrimination. As these policies come under attack, employees must remain informed about their rights and be prepared to advocate for inclusive workplace practices.

You still have rights. Know them. If you believe your rights have been violated due to the rollback of DEI protections, push back on your employer by consulting with an employment attorney to help you understand your legal options, and pursue them. Our firm is dedicated to defending workers against discrimination and ensuring fair treatment in the workplace.