Recent developments have left many private employers uncertain about the future of their diversity, equity, and inclusion (DEI) initiatives. On her first day in office, Attorney General Pam Bondi issued a memo stating that the Department of Justice’s Civil Rights Division will investigate and penalize “illegal DEI” practices in the private sector. However, the memo does not define "illegal DEI" explicitly, leaving room for interpretation. It does clarify that “educational, cultural, or historical observances--such as Black History Month and International Holocaust Remembrance Day, or similar events” remain unaffected. Still, it can be difficult for private employers to understand the difference between “illegal DEI” and activities that celebrate diversity, recognize historical contributions, or promote awareness.

This ambiguity has led to mixed reactions. While some companies have preemptively scaled back their DEI efforts, others are doubling down. Most, however, are caught in the middle, unsure of how to proceed.

The Rise of “Quiet DEI”
As organizations strive to remain compliant while upholding inclusive practices, many are shifting toward Quiet DEI—a strategic approach that focuses on workplace inclusivity without explicitly labeling initiatives as DEI. Rather than outright eliminating programs, employers can refine their messaging to emphasize fairness, respect, and accessibility.

Key aspects of Quiet DEI include:

• Ensuring all employees have equal access to opportunities and resources.
• Fostering an inclusive environment and focusing on psychological safety so all employees feel a sense of belonging.
• Avoiding the use of DEI-specific terminology in policies while maintaining their core purpose.

Best Practices for implementing Quiet DEI for Hawaii Employers
To navigate this evolving landscape, employers and their HR professionals should consider the following steps:

1. Audit Policies and Practices – Review existing DEI-related policies, focusing on those that could be legally problematic, such as diversity quotas. Adjust language to emphasize inclusion for all employees rather than specific demographic targets.  For example, consider replacing DEI-specific references and focus on the intent of the policy (promoting an accessible office or ensuring all employees feel they belong).
2. Refine Communication – Along with reviewing and enhancing your policies and practices, be sure to clearly communicate any updates with employees, ensuring managers and supervisors understand how these changes impact day-to-day operations.
3. Encourage Open Dialogue – Foster conversations with employees to understand their perspectives and address concerns, balancing compliance with maintaining a supportive workplace culture.
4. Stay Informed – Given the evolving regulatory landscape, employers should monitor legal developments and leverage reliable resources to ensure continued compliance.  HEC will continue to keep apprised of changes in this area and inform our members.

Continuing Forward
Despite the uncertainty surrounding DEI policies, employers must continue complying with federal, state, and local laws. Executive orders and agency memos do not override established legal requirements. By focusing on workplace values, language and culture, employers can continue to promote and maintain inclusive practices while staying within legal boundaries.

Join us for a discussion about the impact of recent executive orders on Hawaii employers:
"Navigating Recent Executive Orders: Implications for Federal Agencies and Consideration for Employers"
February 21, 2025
Via: ZOOM