SHRM's Navigating the Two DEI Executive Orders – Merit-Based and Belonging... I Tuned In So You Don't Miss Out – But We’re Left with More Questions

SHRM Webcast: Date, Time, & Overview

?? Date: January 29, 2025 ?? Duration: ~1 hour (first ~25 minutes fully scripted) ?? Hosted by SHRM, featuring legal experts & HR leaders

https://www.shrm.org/events-education/education/webcasts

Webcast Topic: In light of recent executive orders from President Trump that dismantle federal diversity, equity, and inclusion (DEI) initiatives, workplace leaders are facing new challenges in maintaining inclusive and effective organizational cultures.

Key Discussion Areas:

? Understanding the impact of recent executive orders on workplace DEI initiatives.

? How the SHRM BEAM (Belonging Enhanced by Access through Merit) Framework serves as an alternative to compliance risks.

? Practical steps for HR and workplace leaders to adapt to the new regulatory environment.

? The growing legal scrutiny of DEI programs in both federal and private-sector organizations.

My Initial Reactions

The executive orders dismantling DEI leave businesses in a gray area, and while SHRM’s BEAM framework provides a potential compliance roadmap, the larger conversation remains:

? What does “merit” really mean, and how should it be measured?

? How do we recognize excellence beyond traditional DEI categories?

? Does a rigid merit rubric stifle innovation, or does it ensure fairness?

? Does this shift truly advance equal opportunity—or does it reinforce systemic barriers?

These are the questions that we must grapple with.

The Bigger Picture

?? However this evolves, one thing is certain: a nation that fosters opportunity for all is stronger than one that remains divided.

I’ll be diving deeper into these unanswered questions next week. Until then—how do you define merit? Let’s start the conversation.

Disclaimer

The views expressed in this analysis are solely my own and do not reflect those of any organization I provide consultancy services to or have been affiliated with. I approach this discussion from the lens of a born and raised American examining the rapidly evolving landscape of DEI, merit, and innovation.

Additionally, due to the speed of publication and the use of AI-assisted analysis of the SHRM presentations, discussions, and related materials, I reserve the right to make corrections, redactions, and additions. This article is intended to spark professional dialogue and distill key insights for business and HR professionals navigating these changes in the U.S.

My AI-Guided Summary of SHRM Webcast & Key Takeaways: Navigating the Two DEI Executive Orders: Merit-Based Practices and Belonging in the Evolving Policy Landscape

Key Takeaways

?? SHRM's webcast and materials messaged that DEI?programs must be reassessed in light of federal restrictions.

Webcast: In light of the recent executive orders from President Trump that dismantle federal Diversity Equity and Inclusion initiatives, workplace leaders are facing new challenges in maintaining inclusive and effective organizational cultures.

Webcast: Now is the time not to abandon but to evaluate and to evolve. It is about legal equal opportunity for all.

• Interpretation:?Organizations must review DEI structures to align with new legal frameworks and avoid legal exposure.

?? Private-sector DEI programs may face increased legal scrutiny and federal intervention.

Webcast: Through this executive order, the Trump administration is directing federal agencies to take action to advance the policy of individual initiative, excellence, and hard work in the private sector, not just amongst federal contractors, but all companies.

Webcast: The Attorney General must create a strategic enforcement plan... each of the agencies to identify the most egregious DEI practitioners in each sector of concern and specifically identify up to nine potential investigation targets, focusing on large employers.

• Federal agencies are required to identify up to 9 companies per sector?as potential targets for investigation.More than 400 federal agencies?will contribute to this enforcement strategy, including unexpected departments like Commerce, Agriculture, and Defense.

• Interpretation:?High-profile DEI initiatives in large corporations, universities, and nonprofits may face increased scrutiny, requiring immediate legal and compliance reviews prompting many to sharply change their positions and commitments.

?? SHRM's Webcast messaged that organizations should transition to merit-based frameworks to avoid legal risks.

Webcast: At this time, we advise all organizations to really evaluate their inclusion and diversity initiatives, to ensure that they provide access to opportunities, skills development, and don’t give special advantages to one person or group over another.

• SHRM’s BEAM Framework (Belonging Enhanced by Access through Merit)?emphasizes equal access and skill-based selection.
• Interpretation:?Companies can maintain DEI commitments while ensuring compliance with federal restrictions.

Camille Olson?is a Partner at Seyfarth

Webcast: Stephen Miller, who is then named as the Deputy Chief of Staff for Policy in the Trump administration,?was previously the head of an organization over the last few years called America first legal in that capacity, he submitted to the EEOC numerous letters requesting the commissioners issue Commissioner basically investigate directed investigations of companies that in that capacity, Stephen Miller and his organization believed were not in compliance with federal laws. He identified many programs in many of those letters, and?I just want to note a few so you can see the kinds of programs that, again, I'm not saying are necessarily an issue, but are clearly going to be scrutinized.

Webcast: Aspirational goals, diverse slates, supplier diversity programs, development programs, internships and fellowships and employee research.

Webcast: Those are the types of programs that have been specifically identified by individuals now in the Trump administration as requiring additional scrutiny, and I've mentioned those for you in terms of your review.

Enhanced Private Sector Segment with Camille A. Olson’s Quotes

?? Private-sector DEI programs may face increased legal scrutiny and federal intervention.

Webcast: Through this executive order, the Trump administration is directing federal agencies to take action to advance the policy of individual initiative, excellence, and hard work in the private sector, not just amongst federal contractors, but all companies.

Webcast: The Attorney General must create a strategic enforcement plan... each of the agencies to identify the most egregious DEI practitioners in each sector of concern and specifically identify up to nine potential investigation targets, focusing on large employers.

• Federal agencies are required to identify up to 9 companies per sector?as potential targets for investigation.More than 400 federal agencies?will contribute to this enforcement strategy, including unexpected departments like Commerce, Agriculture, and Defense.
• Interpretation:?High-profile DEI initiatives in large corporations, universities, and nonprofits may face increased scrutiny, requiring immediate legal and compliance reviews.

?? Federal contractors and grantees face new compliance risks under the False Claims Act.

Webcast: Not just federal contractors and subcontractors, but also federal grantees going forward, are required to certify that they are in compliance with all federal laws regarding EEO, and that they also do not operate any programs that promote DEI that violate any applicable federal anti-discrimination laws.

Webcast: The new certification requirement can create exposure for you under something called the False Claims Act... private whistleblowers and class-action attorneys can bring claims on behalf of the government.

• False Claims Act litigation can result in treble damages, meaning penalties could be three times the disputed contract value.Federal grantees and contractors have until April 21, 2025, to ensure compliance.
• Interpretation:?This requirement raises the stakes for private companies, as false certifications could lead to severe financial and legal consequences.

?? Increased risk for companies with specific DEI programs under scrutiny.

Webcast: Stephen Miller... submitted numerous letters to the EEOC requesting Commissioner-directed investigations of companies he believed were not in compliance with federal laws. He identified many programs, including aspirational goals, diverse slates, supplier diversity programs, development programs, internships, and fellowships.

• DEI programs that are now being flagged for review?include:Aspirational diversity goalsDiverse hiring slatesSupplier diversity programsInternship and fellowship programsEmployee resource groups (ERGs)
• Interpretation:?Any private-sector company with diversity-related hiring initiatives, supplier preferences, or internal diversity programs should review them immediately?to determine compliance risks.

?? Federal contractors and grantees face new compliance risks under the False Claims Act.

Webcast: Not just federal contractors and subcontractors, but also federal grantees going forward, are required to certify that they are in compliance with all federal laws regarding EEO, and that they also do not operate any programs that promote DEI that violate any applicable federal anti-discrimination laws.

Webcast: The new certification requirement can create exposure for you under something called the False Claims Act... private whistleblowers and class-action attorneys can bring claims on behalf of the government.

• Quantitative Data:False Claims Act litigation can result in treble damages, meaning penalties could be three times the disputed contract value.Federal grantees and contractors have until April 21, 2025, to ensure compliance.
• Interpretation:?This requirement raises the stakes for private companies, as false certifications could lead to severe financial and legal consequences.

Craig Leen? - Former OFFCP?during President Trump's

Webcast: There was a real concern that some viewed the placement goals like that. So that's one reason why, I think you've seen the Trump DEI executive order was to stop that potential of a preference or a quota or such a focus on race and gender, when, of course, the focus is always merit. But the idea is that a equal opportunity is that if you have 10 men and 10 women applying for a job, they're all gonna have equal opportunity to get it, and you're gonna choose it based on there. So sometimes, when you're seeing like, you have 10 men and 10 women by the IP of the men, only two of the men, or 80% of men and 40% of women. Was that because the men were more qualified, like, if you might have to look at that, did they have higher tenure? Did they more experience? Or was that because of discrimination? Now that part of what OFCCP did might still continue the addressing discrimination.?

Webcast: That mission is changing, and it's something I think they should embrace, and I'll talk about that today. But as part of that, you know, I just, I remember my last day at OFCC. They gave me this, this book,

Webcast: history of civil rights, and assigned by many of the civil servants working at of OFCCP?, some of the political appointees at of OFCCP??be, and it's, of course, very meaningful to me. And my work at of OFCCP??be is very meaningful to me. And you know, obviously I lead the of OFCCP??be practice at K and L Gates. So I come at this very genuinely and very sincerely. And I want to tell you this, you know, the executive order, 11246, was issued by President Johnson in 1965 been you know, about 60 years it was revoked.

Webcast: The age of affirmative action is over.?Its not coming back. A future Democratic President is not going to be able to bring that back. There was always questions about whether the executive order was constitutional, because it was an executive order. It had been upheld by some appellate courts, but there was a question after the Harvard and UNC decisions regarding affirmative action in higher admissions for universities, whether that would end up applying in the employment field, and that was still sort of percolating in the courts. But even if it had been affirmed, it would have only been affirmed for a time, because the idea, of course, of the United States is that it is a meritocracy and? that equal opportunity prevails. And so there would be a time whenever real action would end, and it's ended. So I think that's important for everyone to hear from a former OFCCP??director. He's not coming back at the same time. There's a lot that can be done in the non discrimination area that this dei executives are and for OFCCP??particularly in the area of disability and veterans, and potentially down the line in the area of non discrimination in relation to the DEI executive order?

Webcast: We want to make that clear, we're not giving legal advice, but practical advice. Don't call it a dei program anymore.

Webcast: Don't call it a DEI program anymore. Why do I say that? Because dei is a divisive term at this point. On the left, it's love. It's a beloved term. On the right, it's a hated term, and a lot of the right associates it actually was socialism or Marxism. So in the center, and that's where you should be, be pragmatic and try to comply. Do all the good stuff that you did in a DEI program, all the parts that were focused on merit, non discrimination, non harassment, everything that complies with Title Seven, but do it as equal opportunity. Program. People employment opportunity.

Webcast: One other thing OFCCP has been doing, that if you look at their stats, about a quarter of their recoveries are in favor of white employees and male employees. Now, 75% are still in favor of men and women, and I want to be clear. You know, it's still more likely that there's discrimination against women and minorities. EEOC still gets more complaints, but anyone can be discriminated against, and discrimination is always wrong. So that's what I would take from this, and that's what I would try to do.

?? SHRM’s BEAM suggested framework as an alternative path to maintaining inclusivity within legal boundaries.

Webcast: Merit-based frameworks prioritize inclusivity and belonging, ensuring that everyone has the chance to contribute, develop, and succeed."

• BEAM replaces demographic-based selection with skill-based evaluation, making it legally compliant.
• Interpretation:?This framework allows businesses to continue DEI efforts while mitigating legal risks.

? Litigation and legal challenges are expected but may not halt DEI-related executive actions.

Webcast: EO limiting the concept of birthright citizenship was challenged on the basis that it violated the 14th Amendment... a federal judge found it unconstitutional.

• The Schedule F-EO?was challenged by Massachusetts and Vermont, but no direct DEI challenges have been successful.
• Interpretation:?While some executive orders face lawsuits, legal opposition to DEI restrictions remains weak.

?? Increased risk for companies with specific DEI programs under scrutiny.

Webcast: Stephen Miller... submitted numerous letters to the EEOC requesting Commissioner-directed investigations of companies he believed were not in compliance with federal laws. He identified many programs, including aspirational goals, diverse slates, supplier diversity programs, development programs, internships, and fellowships.

• DEI programs that are now being flagged for review?include:Aspirational diversity goalsDiverse hiring slatesSupplier diversity programsInternship and fellowship programsEmployee resource groups (ERGs)
• Interpretation:?Any private-sector company with diversity-related hiring initiatives, supplier preferences, or internal diversity programs should review them immediately?to determine compliance risks.

?? Next Steps for Private-Sector Organizations

Webcast: I ask you to think about this because this is work we really need to do right now. Identify your relevant programs, evaluate those relevant programs, and consider whether you will obtain legal advice relating to compliance.

• Speaker Recommendations: Conduct an internal audit of DEI programs?to ensure they align with federal EEO laws. Seek legal counsel?to determine if existing programs could be subject to False Claims Act liability. Consider transitioning to a merit-based framework like SHRM’s BEAM?to mitigate risk while maintaining inclusivity.
• Interpretation: Companies must act swiftly?to reassess DEI policies before enforcement actions begin.

Questions for Next Week

The SHRM webinar raises essential points about the evolving nature of DEI, merit, and innovation—but also leaves us with critical questions that must be examined further. While executive orders and compliance frameworks dictate the immediate next steps, the larger conversation remains:

Identity as a Proxy for...?

• How do we pivot from using race, gender, and other traditional DEI categories as proxies for excellence through adversity, bias, or discrimination?
• What about individuals who have demonstrated perseverance through socioeconomic hardship, regional displacement, or overcoming natural disasters like the fires in LA or the floods in Asheville?
• Are these experiences just as valid indicators of resilience and achievement as traditional DEI measures?
• Should the adversity and achievement of prior generations also be factored into the conversation?

SHRM Webinar Insight: The shift toward merit-based evaluation, as highlighted in SHRM’s BEAM framework, underscores the need for a broader and more inclusive definition of adversity and success.

Merit—Based on What?

• What objective and subjective criteria should we use to measure merit?
• Who defines these standards, and based on what precedent?
• Are we going to use organizational "fit" as a vague, catch-all term to justify decisions made with or without data?
• How do we increase transparency in hiring, promotions, and performance evaluations to ensure fairness?
• Should organizations democratize the process of refining their evaluation rubrics to ensure diverse perspectives are considered?

SHRM Webinar Insight: The merit-based approach suggested in the BEAM framework requires greater clarity on measurement tools—and raises the need for organizations to audit and refine their evaluation processes to ensure they are both inclusive and legally compliant.

What About Innovation?

• If we define merit too rigidly, are we restricting the potential for innovation?
• Does a strict rubric for evaluating merit favor backward-looking achievement over forward-thinking potential?
• Are we unintentionally creating an opportunity gap for individuals whose brilliance would thrive in the right environment?
• How do we balance proven performance with unproven potential—a concept regularly applied in private equity, agriculture, and many sectors that drive opportunity in the U.S.?
• Does today’s concept of "merit" allow for reinvention and upward mobility, or does it increasingly favor those with pre-existing access to resources, technology, and elite networks?

SHRM Webinar Insight: While the BEAM framework promotes merit-based access, it does not explicitly address how organizations should recognize potential—a factor that has historically driven entrepreneurial success and technological breakthroughs.

The Bigger Picture: A Nation United or Divided?

• Do the current legal, corporate, and social shifts reinforce division—or can they be leveraged to create a more unified and opportunity-driven society?
• What is the role of business leaders, policymakers, and professionals in shaping the future of DEI and merit?

Regardless of how this conversation evolves, one thing is clear: a nation that fosters opportunity for all is stronger than one that remains divided. The SHRM webinar has provided the starting point for compliance, but the larger question remains: How do we ensure a future that upholds both fairness and opportunity?

These are the discussions we will explore next week.

Navigating the Two DEI Executive Orders: Merit-Based Practices and Belonging in the Evolving Policy Landscape - SHRM

https://www.shrm.org/events-education/education/webcasts

Webcast featuring three SHRM experts and experienced employment attorneys as they delve into the implications of these executive orders and demonstrate how the SHRM BEAM (Belonging Enhanced by Access through Merit) Framework can guide your organization through these changes. Our panel will discuss actionable steps to ensure that your workplace continues to thrive by embracing diversity through merit-based access, turning potential confusion into clear strategies for success.?

Key Takeaways:

• Understand the recent executive orders and their impact on workplace DEI initiatives.?
• Learn how the SHRM BEAM Framework can help integrate merit-based practices with a culture of belonging.?
• Discover practical steps for HR and workplace leaders to adapt to the new regulatory environment.?
• Explore how partnering with SHRM can provide ongoing support and resources during this transition.?

SHRM Note: This webcast is designed to provide clarity and actionable guidance in response to the recent policy shifts, helping you turn challenges into opportunities for fostering a merit-based and inclusive workplace.?

PDF Link: https://bit.ly/3PX0Xsw

PDF Link: https://bit.ly/42CVoH1

Jim Link is the Chief Human Resources Officer at SHRM. He previously held leadership positions at General Electric, the Pillsbury Company and Porsche Cars. In his most recent role as CHRO for Randstad North America, Link led a global team of 150 HR professionals who were instrumental in transforming the company into an award-winning, inclusive and sustainable global leader. He has served as a volunteer leader in several organizations including the SHRM Foundation Board, the Atlanta Federal Reserve Bank Human Capital Advisory Board and the Human Resources Leadership Forum. Link is also an adjunct instructor in the Executive MBA program at the University of Poznan (Poland) School of Economics and Business and the University of Liège (Belgium) Asia-Pacific campus in Taipei, Taiwan.

Alexander Alonso, Ph.D., SHRM-SCP, is SHRM’s Chief Data & Insights Officer, leading the organization’s research, insights, and innovation functions. His total portfolio includes more than $60 million across new revenue streams based upon practical thought leadership designed to make better workplaces for a more inclusive world. Alonso was recognized as an inaugural member of the Blue-Ribbon Commission on Racial Equity in the Workplace, a coalition designed to foster equitable and inclusive cultures. His research has been featured in numerous outlets including USA Today, NBC News, BBC, CNN, and more. He has served as a member of several speakers bureaus with more than 400 speaking engagements over the last decade.

Anuradha Hebbar?is the President of CEO Action for Inclusion & Diversity.?Hebbar is a strategic business leader and human capital executive with a demonstrated history of designing and executing transformational change in global, Fortune 500, mid-size and private equity backed organizations. She is adept at translating business strategy into visionary and results-driven solutions. Hebbar has a wealth of experience as an executive leader and C-suite management consultant with demonstrated expertise in HR strategy, HR operating models, succession planning, leadership, talent management, diversity, equity and inclusion, people analytics and change management.

Camille Olson?is a Partner at Seyfarth, Co-Chair of its National Complex Litigation practice group, and National Chair of its Complex Discrimination Litigation practice group. She serves on the firm's National Labor and Employment Law Steering Committee and is the Past National Chair of the Labor and Employment practice department. Since 2013, Olson has served as Chair of the US Chamber of Commerce's Equal Employment Opportunity Subcommittee. Since 2010, she has co-led Seyfarth’s Global Policy Counsel on workplace matters, including amicus briefs, regulatory commentary and best practices recommendations for human resource professionals on all equal employment opportunity topics.

Craig Leen?is a Partner at K&L Gates, in the firm's labor, employment and workplace safety practice and co-leads the firm’s OFCCP and affirmative action compliance area of focus. His depth of experience spans across federal, state and local government as well as the private sector. Leen previously served as OFCCP Director in the first Trump administration.

Thank you