Here is a breakdown of a Zoom conversation with former EEOC Commissioner Chai Feldblum who joins attorneys Eric B. Meyer and Amy Epstein Gluckformer regarding the legal boundaries of workplace DEI.
Is DEI still legal after the end of affirmative action and recent executive orders?
Chai says yes—if it’s smart, inclusive, and legal.
✅ DEI done right is still legal and valuable
✅ Inclusion doesn’t mean unlawful preference
✅ The law hasn’t changed, but scrutiny has
✅ Now’s the time to refresh, not retreat
What’s not okay?
🚫 Quotas (“We must hire X”)
🚫 Exclusion (“Only open to Y group”)
What is okay?
✔️ Broaden pipelines
✔️ Focus on inclusion without using identity as the deciding factor
Chai’s advice to employers:
- Keep using inclusive language (e.g. pronouns)
- Keep training on civility and respect
- Keep affinity groups open to all
- Review goals for legal risk
- Use demographic data to inform—not decide
Training should change behavior, not beliefs. As Chai put it: “If your idea of a compliment is saying someone looks sexy—say it at home, not at work.”
Bottom line:
✔️ “Say less if you need to—but don’t do less.”
✔️ DEI is still legal. Still important. Still doable—just do it right.
You can watch the full recording here: https://lnkd.in/eGpv3yRB
Read Eric Myer’s (employment lawyer) post here that recaps the conversation.
Also, check out www.EEOLeaders.org, a new legal resource Chai and other former EEOC officials created for employers.
Get a PDF handout of this and other information in my downloads.
PS: She also mentioned you can do “preference” for someone with a disability or over the age of 40 – but 100% do not at all agree that is the right thing to do, nor does the law outline it that way.
