Within his first few days back in office, President Trump issued executive orders halting DEI programs in federal agencies. On January 20, the first executive order directed the shutdown of federal DEI programs. Federal DEI staff were also put on leave, and federal grantees had to discontinue DEI practices deemed discriminatory or preferential.

The next day, the White House published another executive order emphasizing merit-based opportunities, individual initiative, and hard work. It also instructed the Attorney General to recommend strategies for enforcing civil rights laws and ways to “encourage businesses to end illegal discrimination and preferences, including DEI.”

While the definition of “illegal DEI” remains unclear, these executive actions and the Supreme Court ruling on affirmative action in college admissions have prompted some private sector companies to rethink their DEI policies.

How businesses are responding

While the executive orders primarily target federal agencies, grantees, and contractors, their impact was also felt across the private sector as companies reassess their DEI commitments.

Even before these orders, some major corporations had begun scaling back DEI initiatives. Last year, Walmart discontinued its DEI training and chose not to renew its racial equity center, instead shifting its language to emphasize “belonging“. Similarly, Target ended its three-year DEI goals and will no longer participate in diversity-focused surveys, including HRC’s Corporate Quality Index. McDonald’s announced restructuring its DEI efforts, transitioning its diversity team into a broader Global Inclusion Team, and will conclude its Supply Chain’s Mutual Commitment to DEI pledge.

However, some businesses are standing firm. Costco shareholders turned down a proposal to evaluate their current DEI practices. Cosmetics brand e.l.f. also has a similar stance and reaffirmed its commitment, maintaining its policies despite broader industry pullbacks.

What does it mean for your business?

Should you roll back your DEI programs? While recent executive orders may create pressure to scale back, it would be best to evaluate your policies before making any drastic changes. 

Workplace fairness should always be a priority whether you have formal DEI initiatives or not. If you manage an hourly team, here are some ways to practice fairness and equality across your organization. 

Hire without bias. If your hiring process includes explicit demographic quotas, it may be legally risky under the new executive orders. Instead, focus on qualifications, skills, and experience rather than factors like race, age, or gender. Use structured hiring practices that prioritize job-related qualifications. Workforce.com’s HR platform allows hiring teams to set preliminary screening questions on job listings, helping filter candidates based on essential qualifications, not personal demographics.

Distribute work hours fairly. Shift assignments should be fair and consistent to avoid unintentional favoritism. Use a scheduling system that allows you to distribute work hours and overtime evenly among team members. Workforce.com’s scheduling software enables managers to allocate work hours based on demand, availability, maximum hours allowed, and other compliance requirements.

Audit your current policies. While there’s still no definitive list of practices or policies deemed “illegal” under the executive orders, it’s wise to assess your current policies for anything that could be interpreted as preferential treatment. Review existing DEI programs to ensure they focus on merit, skills, and equal opportunity rather than demographic-based preferences. In addition, if your company receives federal grants or is a federal contractor, ensure that your policies align with the latest executive directives to avoid compliance risks.

Do businesses need to abandon DEI practices? Not necessarily, but they have to do it smarter. Focus on fairness, merit, and equal opportunity so that policies can remain compliant, maintain an inclusive work environment, and stay pace with evolving federal regulations.