February 2025 DEI – The Evolving Landscape of DEI: Challenges, Changes, and the Path Forward

February 2025

Justice is at the heart of the legal profession, embodying fairness, equity, and moral integrity. It is no surprise that many Diversity, Equity, and Inclusion (DEI) initiatives incorporate justice into their frameworks, resulting in programs such as Justice, Equity, Diversity, and Inclusion (JEDI). While DEI efforts have long been cornerstones of workplace and educational policies, how these initiatives are understood and implemented continues to evolve.

The concept of diversity, equity, and inclusion in our public lives is not a new one in the United States. In 1961, President John F. Kennedy signed an Executive Order requiring government contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin.” This Order predates the Civil Rights Acts of 1964 and 1968 and the Americans with Disabilities Act (ADA) of 1990. Looking even further back in history, the Fourteenth Amendment to the US Constitution, which included the Equal Protection Clause, was ratified after the Civil War in 1868.

There are numerous types of diversity, such as those related to age, abilities/disabilities, gender, geography, sexual identity, religion, income, race, and culture. Diversity simply means embracing everyone’s differences. Equity is fairness among individuals. It incorporates equal opportunities, accountability, and transparency. Inclusion is about including everyone and ensuring they are comfortable in their environment. Justice focuses on addressing issues related to power and oppression. Another term often employed in DEI initiatives is belonging, which signifies how a person perceives being accepted, included, and supported.

At its core, DEI aims to create environments where all individuals—employees, students, and professionals—can bring their authentic selves and access the same opportunities as their peers. However, in recent years, DEI has faced significant scrutiny and legislative challenges. Since 2023, more than 80 anti-DEI bills have been introduced across 28 states, with at least nine states enacting laws to curtail or eliminate such programs. Critics argue that DEI efforts, particularly in hiring and admissions, can be discriminatory, raising complex legal and ethical questions.

The 2023 Supreme Court ruling overturning affirmative action added fuel to the debate, with opponents asserting that race-conscious policies infringe on the rights of non-minority applicants. Some companies and institutions have responded by rolling back their DEI programs, while others remain committed to fostering diversity and inclusion. For example, the FBI announced in December 2024 that it was closing its DEI office. Major corporations–such as Meta, McDonald’s, and Nissan–and several universities have followed suit. Conversely, companies like Apple, Delta Airlines, Disney, Goldman Sachs, and MasterCard continue to prioritize DEI initiatives.

Even organizations historically at the forefront of DEI are shifting their approaches. In July 2024, the Society for Human Resource Management (SHRM) announced it would remove “Equity” from its DEI framework, emphasizing diversity and inclusion instead. SHRM argued that inclusion should be the primary focus, as true equity cannot be achieved without ensuring all individuals feel valued and included. This decision, however, sparked backlash from those who believe removing equity signals a retreat from fairness in workplace policies.

The consequences of scaling back DEI programs are already being felt. At the University of Texas at Austin, the closure of DEI offices led to the loss of 60 positions and reduced support for students from historically marginalized backgrounds. In response, students have attempted to create their own support networks, though new legal restrictions limit these efforts.

As DEI continues to face legal and political challenges, the conversation is far from over. A coalition of plaintiffs, including the National Association of Diversity Officers in Higher Education and the American Association of University Professors, recently filed a lawsuit challenging executive orders restricting DEI programs. This legal battle highlights the broader struggle between proponents and opponents of DEI initiatives, with lasting implications for workplaces and educational institutions.

NALA’s DEI Committee remains committed to ensuring all our members are represented and heard and see themselves in their national paralegal association. With DEI at a crossroads, we must continue to ask: How are these changes affecting your workplace, clients, or professional practice? How could these changes impact NALA’s programming and communications? Have you seen shifts in how diversity and inclusion are approached? As the debate continues, your perspectives and experiences are more valuable than ever. Let’s keep the conversation going.