Joseph Cremona
Volume 77, Issue 1, 245-288
Since 2024, Diversity, Equity, and Inclusion (DEI) programs have ignited a volatile political debate. Fierce opposition continues to attack their very existence. On one hand, proponents of DEI programs argue that such initiatives are a pivotal mechanism for ensuring that historically marginalized communities receive professional opportunities in America. On the other hand, opponents of DEI insist that these programs are detrimental because they prioritize the advancement of minority groups at the expense of their majority counterparts. With the recent enactment of multiple executive orders by President Trump, DEI programs have become the target of a plethora of lawsuits. These legal challenges proceed through various avenues and appear aimed at dismantling DEI initiatives altogether. This Note examines the evolution of modern DEI programs and analyzes them under current legal frameworks. This Note argues that while modern DEI efforts may face legal challenges, they are not inherently unlawful under Title VII and can coexist within the bounds of the First Amendment. Additionally, this Note serves as a guide to both public- and private-sector employers by predicting changes to existing law that will influence the future of DEI programs.