By Beth Berendsen and Lark Jackson
It has been a common refrain from the Trump Administration that diversity, equity, and inclusion (DEI) work is illegal, but legal precedent and analysis have repeatedly proven that it is, in fact, the reverse – DEI efforts actually protect against illegal discrimination. However, the repeated messaging from federal contract administrators and leaders in the Administration has created uncertainty among registered apprenticeship programs, contractors, employers, organizations, and grantees about what activities are actually prohibited by law.
To help our industry partners navigate the current environment with accurate, legally supported information, we’ve compiled legal analyses and guidance from state attorneys general, former federal officials, and legal experts. This guidance clarifies what federal anti-discrimination law actually requires from employers, apprenticeship programs, and community-based organizations.
These resources help organizations distinguish between fact and political agendas, enabling them to understand their legal obligations to prevent and address harassment and discrimination, while continuing to serve their communities effectively.
In addition to resources from legal experts, CWIT’s Equity Resource Center offers training, assessments, and customized support to address workplace barriers that have long undermined both worker safety and retention. While the current political tactic of focusing on DEI terminology creates legal uncertainty, the fundamental challenge remains unchanged: discrimination is illegal, and workplaces that ignore harassment, exclude qualified workers, or fail to address systemic barriers are not sustainable. These practices compromise worker safety, hinder the industry’s ability to retain skilled talent, and increase legal risk.
Read more about the Equity Resource Center’s services and offerings for industry employers and training programs.
Legal Guidance
Review the full legal and expert analyses and make informed decisions for your organization.
Response to DOJ “Guidance for Recipients of Federal Funding on Unlawful Discrimination” What You Need to Know (August 2025)
Legal analysis from public interest lawyers examining the U.S. Attorney General’s “Guidance for Recipients of Federal Funding on Unlawful Discrimination” memo – correcting the record on what is actually prohibited versus common misinterpretations.
Open Letter to the Federal Contractor Community from Former U.S. Department of Labor Officials (April 2025)
An open letter from ten senior, former Department of Labor officials, including former OCCP Director Jenny Yang, helping federal contractors navigate current legal requirements and clarifying that proactive diversity practices, self-assessments, and barrier removal remain lawful and essential for civil rights compliance.
Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives (February 2025)
A multi-state guidance document from Attorneys General, the chief legal advisors and law enforcement officials of states, clarifies federal anti-discrimination law requirements and addresses misconceptions about diversity, equity, and accessibility programs.
