Navigating Legal Uncertainty in DEI Workplace Practices
By Shandra Martinez, WMPRSA
Abby Coté, Associate, Warner Norcross + Judd
When members of the West Michigan Public Relations Society of America (WMPRSA) were recently asked in a survey what DEI-related workplace topics they were most curious or concerned about, one rose to the top: the legal future of diversity, equity and inclusion (DEI) efforts.
WMPRSA’s diversity, equity, inclusion, accessibility and belonging (DEIAB) committee hosted a free virtual session, “Exploring the Legal Landscape of DEI,” on May 28. Abby Coté, a labor and employment attorney at Warner Norcross + Judd LLP, was the featured speaker. The event was sponsored by Sabo PR, a longtime partner of WMPRSA and supporter of DEI in West Michigan.
“The principles behind diversity, equity, and inclusion are increasingly under attack,” said Mary Ann Sabo, founder and president of Sabo PR. “It’s been disheartening to see many organizations simply abandon long-held beliefs for political expediency. We appreciate WMPRSA for convening today’s conversation.”
The session catered to questions submitted in advance and reflected the struggles many organizations face as they try to do the right thing while staying within legal boundaries.
“This is, of course, a difficult topic, especially if it’s one that you’re passionate about, which we are,” Coté said. “It’s been in the spotlight, and it’s been a misunderstood topic.”
New Emphasis Leads to Confusion
That confusion isn’t without reason. In recent years, the national conversation around DEI has changed significantly. From the Supreme Court’s 2023 decision to end affirmative action in higher education to a 2025 executive order by President Donald Trump targeting “discriminatory” DEI practices, organizations are seeking clarity on where the legal lines are drawn.
“The executive order did not make DEI initiatives illegal,” Coté explained. “It targets conduct that has already long been unlawful under federal anti-discrimination laws. What’s new is the enforcement spotlight.”
At the heart of DEI legality is Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace based on race, sex, religion, national origin and other protected characteristics, as well as other state and federal laws prohibiting workplace discrimination. Coté emphasized that any DEI initiative must align with those rules, regardless of how well-intentioned it may be. The two are always tied together.
That means programs that utilize quotas, give preference to or exclude people based on a legally protected characteristic, or engage in other unlawful employment practices could face legal consequences. This doesn’t mean we need to scrap DEI work. What it does mean is that lawful DEI efforts, especially those built around belonging and inclusion for all, are still fully permissible.
Coté’s message helped participants separate the fluff and fear tactics from what actually constitutes legal risk.
When Rights are in Conflict
Coté sees organizations react to the changing legal and political environment in three main ways:
Retreating from DEI by scrubbing websites and stopping initiatives.
Defending their programs by standing up for their values and emphasizing how the programs benefit the business.
Rebranding their work using terms like “inclusion” or “belonging” instead of “diversity.”
How to Keep Your Efforts Legal
Coté wrapped up the session with a set of practical tips organizations can use to move forward with confidence. Her advice:
Make sure all DEI-related programs, such as employee resource groups, scholarships and mentorships are open to everyone.
Do not implement quotas or policies that favor one identity group over another in hiring or promotions or engage in other unlawful employment practices.
Tie your DEI goals to business objectives, such as enhancing communication skills, improving retention or fostering innovation.
Consider practices such as skills-based hiring and use of blind resume reviews to help ensure fairness.
Update your public-facing language to avoid trigger words that may open your company up to scrutiny.
Focus on inclusion and belonging in a way that welcomes all employees.
She also urged caution around training sessions about unconscious bias, especially if they are required for all employees.
“If you want to maintain those kinds of trainings, they need to be broad and focused on business objectives such as cross-cultural communication or respectful leadership,” Coté said. “Avoid politically charged content, and make sure it’s inclusive of all employees.
“It’s not about abandoning your values. It’s about approaching them in a way that’s legally sound and strategically smart.”
We should not abandon our commitment to DEI; however, how we talk about it and implement it will evolve. As the political and legal environment shifts, WMPRSA’s DEIAB committee is committed to helping members stay informed and supported.
Whether your organization is rebranding, doubling down or simply trying to make sense of it all, this session reminded us that thoughtful, inclusive workplaces are still possible and worth striving for.