2025 May- IX Open Access

This IX Communities Open Access event focused on how the Trump Administration’s Executive Orders (EO’s) are reshaping employment regulations and recruiting in the U.S. Thank you to Eric Akira Tate and Zoë Escarcega from Morrison Foerster for the discussion. Our event participant poll aligned with the state of the industry: most members shared their organization have changed the language they use to describe DEI initiatives (72%); far fewer have changed their recruiting practices (18%). Eric and Zoe debunked some trending myths, including a common misunderstanding that EO’s trump laws passed by Congress until/unless the Supreme Court overrules them. However, employers are required to comply with existing employment laws. They should also be familiar with the laws for their state, especially since state antidiscrimination laws remain in full force and effect and many may be inconsistent with the recent EOs. Another key implication of the EOs is a potential risk for reverse discrimination claims. To mitigate this, it’s important to ensure everyone in the company understands your company policies and complaint procedures. It’s also helpful to capture why a candidate was selected, and others not selected, via evidence-based interview feedback documentation. (Our IX Academy Evidence-Based Interviewing training can assist organizations in this regard.) We concluded by summarizing that the following practices are generally prohibited: preferences or quotas based on protected characteristics; programs reserving participation based on protected category status; making employment decisions based on protected characteristics​. The following are generally permissible: auditing practices for EEO barriers; affinity groups open to all; mentorship programs open to all; scholarship programs open to all; inclusive and accessible environment (e.g., childcare facilities, accessibility policies, parental leave policies); training on anti-bias, inclusion, and allyship.​ Another helpful and timely topic!