Still grappling with the fallout from the Supreme Court’s decision in Students for Fair Admissions, which ended affirmative action in higher education, employers now face liability for their diversity, equity and inclusion (DEI) programs. In light of President Trump’s January 21, 2025 Executive Order (EO) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173), this threat reaches across industries and affects all employers—not just federal contractors and institutions of higher education.
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