DEI Fight Reignites

Companies that publicly embraced diversity, equity and inclusion programs in the aftermath of the 2020 murder of George Floyd have begun reframing those efforts in the wake of a conservative backlash that has made DEI a dirty word.

That backlash has reached the presidential campaign trail, with some Republicans aiming to paint Vice President Kamala Harris as a “DEI hire” by President Joe Biden — and former President Donald Trump pouring gasoline on that fire by questioning Harris’ racial identity.

The conservative political attacks on the “S” part of the environmental, social and governance triad have forced companies to reckon with their own policies — some legitimately scaling back corporate commitments, and many others shifting their messaging to sharpen the business case.

“There is a broader, difficult cultural and political moment around corporate DEI, and you’re seeing lots of companies trying to de-escalate the tensions surrounding DEI programs, reassessing their commitments and statements, and trying to sort of steer clear of certain classifications or terminology that could be viewed as stereotypes or controversial,” said Andrew Jones, senior researcher at The Conference Board, a global nonprofit think tank.

Morris DeFeo, partner and chair of Herrick Feinstein’s corporate department, said momentum swings for and against DEI programs have been subject to shifts in public perception. Seismic events like the killing of Floyd and the Supreme Court’s decision to end affirmative action in higher education have contributed to the broader business mood.

“You’re going to see a pendulum back and forth, with people taking advantage of the politicization of the topic during an election season,” he said.

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