Lamberton Law Blog

A growing number of public and private employers are re-evaluating their diversity, equity, and inclusion (DEI) initiatives. Under pressure from the Trump administration and its allies, some institutions have chosen to scale back, suspend, or completely dismantle their DEI programs. This trend risks pushing employers into dangerous legal territory. When DEI retrenchment crosses the line into discrimination, it violates the civil rights laws.

Since taking office in January 2025, President Trump and his administration have escalated their attacks on DEI initiatives across American institutions. These attacks have taken several forms: executive orders prohibiting the use of federal funds for certain DEI training programs; Department of Justice investigations into hiring and admissions practices perceived as favoring underrepresented groups; and public pressure campaigns targeting universities, corporations, and law firms that support equity-based policies.

The chilling effect of these attacks is real. Some employers, fearing political retribution, are preemptively dismantling programs that promote religious, cultural, and national diversity. In the most egregious cases, employers have begun terminating employees who are not American-born or who visibly practice a minority religion, justifying these terminations with vague references to “compliance” or “alignment” with new political norms.  

But here’s the problem: U.S. civil rights laws do not change because the political winds shift. Discrimination on the basis of religion or national origin remains illegal, and employers who engage in such practices expose themselves to liability, reputational harm and employee unrest.

Title VII of the Civil Rights Act is the bedrock of federal anti-discrimination law. It prohibits employment discrimination on the basis of race, color, religion, sex (including sexual orientation and gender identity), and national origin. Title VII applies to both public and private employers with 15 or more employees.

Importantly, Title VII does not merely prohibit overt acts of bigotry. It also prohibits policies and practices that have a discriminatory effect, even if those policies are facially neutral. And it mandates that employers provide reasonable accommodations for employees' religious beliefs and practices unless doing so would cause an undue hardship.

The U.S. Equal Employment Opportunity Commission (EEOC), which enforces Title VII, has been crystal clear: employment decisions motivated even in part by an employee’s religion or national origin are illegal. Terminating Muslim employees to avoid political controversy, or laying off foreign-born workers to appear more “patriotic,” is not just wrong - it is against the law.

Let’s consider a hypothetical scenario. A university, facing pressure from donors and lawmakers aligned with the Trump administration, decides to eliminate its DEI office. Not only that, it terminates the employment of a Muslim woman who served as Assistant Director of Inclusion, citing “institutional restructuring.” The woman had previously requested prayer breaks and wore a hijab. She was born in Pakistan and became a naturalized U.S. citizen five years ago.

Unless the university can prove that a native-born white Christian male would have suffered the same fate, it has likely violated Title VII. The terminated employee would have grounds to file a charge of discrimination with the EEOC and potentially bring a lawsuit seeking reinstatement, back pay, compensatory damages and attorney’s fees.    

This is not merely a theoretical risk. The EEOC has taken action in numerous cases where employers failed to accommodate religious practices or targeted employees for discriminatory reasons under the guise of corporate restructuring or policy change.

Executive agencies, government contractors, law firms and universities have been among the most visible targets of the Trump Administration's anti-DEI crusades. Conservative media outlets and think tanks have published reports accusing these institutions of bias against white and Christian applicants. In response, some institutions have dropped race-conscious hiring goals, eliminated affinity groups or quietly exited DEI partnerships.

This retreat has consequences. When institutions start purging employees whose identities or worldviews no longer align with the dominant political narrative, they risk unlawful discrimination. A law firm that terminates its Latino or Muslim attorneys to avoid scrutiny from far-right groups is breaking the law, plain and simple. Likewise, a university that rescinds job offers to foreign scholars out of fear of public backlash is engaging in discriminatory conduct.

To be clear, employers have some latitude to modify or eliminate programs that are not legally required. They may choose to refocus their DEI efforts, change their organizational structure, or adopt new priorities. But they cannot take adverse employment actions based on protected characteristics.

Employers cannot:

• Fire, demote, or discipline employees because they are Muslim, Jewish, Hindu, Sikh, or of another minority faith.

• Lay off or exclude immigrants, non-citizens, or naturalized citizens simply to appear more “American” or to placate anti-DEI critics.

• Deny religious accommodations unless they can prove that the accommodation would impose an undue hardship.

If you are an employee who has been terminated or marginalized in the wake of your employer’s rollback of DEI, here are steps you can take:

• Document Everything: Keep detailed records of the events leading up to your termination or demotion. Include emails, meeting notes, and any public statements by your employer related to DEI.
• File a Charge: You have 180 to 300 days (depending on your state) to file a charge of discrimination with the EEOC. The sooner you act, the better.
• Consult Legal Counsel: A qualified employment discrimination attorney can help you assess your claims and determine the best path forward.
• Speak Out: If you feel safe doing so, share your story. Public pressure and media attention can help hold employers accountable and prevent further harm.

In a time of political backlash against diversity, equity, and inclusion, it is essential to reaffirm our commitment to civil rights. Employers that abandon DEI initiatives must not cross the line into unlawful discrimination. Firing employees based on their religion or national origin is not just unethical, it is illegal.

At the Lamberton Law Firm, we believe that every worker deserves dignity, respect, and equal opportunity, regardless of their background. We are prepared to fight for those who are targeted or marginalized under the pretense of “political compliance.” The law is clear, and the stakes are high. Capitulation to political pressure is no defense to violating Title VII. We urge employers to remember that the arc of the moral universe bends toward justice - but only if we insist on it.