In the wake of recent executive orders affecting inclusion and diversity (I&D) initiatives, employers are scrambling to navigate these regulatory changes and ensure compliance. To help industry leaders address these pressing issues, SHRM held a timely webinar featuring:
- Alex Alonso, Ph.D., SHRM-SCP, Chief Data & Analytics Officer, SHRM.
- Tamla Oates-Forney, CEO, SHRM Linkage.
- Anuradha Hebbar, J.D., President, SHRM CEO Action for Inclusion & Diversity.
- Christy Kiely, J.D., partner, Seyfarth.
This FAQ distills information from the webinar to deliver concise answers to key workplace gender policy questions, helping employers and employees navigate legal and regulatory changes. Follow the links for in-depth analysis, best practices, and actionable insights.
1. Do the executive orders remove gender identity and sexual orientation as protected classes?
No. Despite recent executive orders, Title VII of the Civil Rights Act of 1964 still protects against discrimination based on gender identity and sexual orientation, as the U.S. Supreme Court found in its Bostock v. Clayton County ruling in 2020. Employers must stay compliant with existing federal, state, and local laws to maintain an inclusive workplace.
2. Should employers stop collecting self-identification data on race, gender, and ethnicity?
Not necessarily. While federal regulations around demographic data collection are evolving, private employers can still gather this information for compliance, diversity analysis, and workforce planning — so long as it is used lawfully and transparently.
3. Can organizations still maintain gender-neutral restrooms and policies?
Yes. Private employers retain the right to offer gender-neutral restrooms, even as federal facilities move toward a binary definition of sex. However, state and local laws may impact how restroom policies are structured.
4. Should federal contractors remove gender identity and sexual orientation from employee handbooks?
No. The Supreme Court’s ruling in Bostock still protects LGBTQ+ employees under Title VII. Removing these protections could create legal risks and negatively impact workplace inclusion.
5. Will gender-based pay equity analyses and diversity reporting become illegal?
No. Despite shifts in federal policies, laws such as the Equal Pay Act and Title VII still require fair pay practices. Employers should continue to conduct pay audits to ensure compliance, mitigate risk, and maintain workforce trust.
6. Can companies still implement gender-specific training programs?
Yes, with inclusivity. Gender-specific training can remain effective if it is structured to ensure open access to all employees, align with business goals, and avoid exclusionary practices. Employers should focus on skill-building for all while addressing unique challenges faced by certain groups.
Organizations should evolve their I&D programs to comply with new regulations, not end them. Use the SHRM BEAM Framework to evaluate your I&D programs in light of recent executive orders so you can support your talent with confidence.
DEI Executive Order Impact Zone
Get additional resources for maintaining compliance with federal regulations at the SHRM Executive Order Impact Zone.
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