The State of DEI: Legal Risks, Best Practices, and the 2025 Outlook and Beyond

Stephen E. Baumann II | Holland & Knight LLP

Steve Baumann is a labor and employment attorney in Holland & Knight’s Denver and Los Angeles offices. Mr. Baumann focuses on providing efficient, practical and strategic solutions that employers need to navigate ever-evolving labor and employment challenges, from day-to- day advice and counsel to complex, high-stakes litigation across the country.

Mr. Baumann is experienced in working with employers of all sizes, from small startups to Fortune 500 companies, to address and resolve employment and traditional labor issues throughout the employment life cycle, from hiring through performance management, corrective action and separation of employment.

He advises employers about employment agreements, employment policies, protection of trade secrets, restrictive covenant agreements and other issues confronting employers in a constantly evolving legal landscape.

Hannah J. Fitzgerald | Holland & Knight LLP

Hannah J. Fitzgerald is a labor and employment attorney in Holland & Knight’s Denver office. Ms. Fitzgerald focuses her practice on providing strategic and tailored counseling in compliance with federal, state and local labor and employment laws. Ms. Fitzgerald also has experience successfully representing companies in labor and employment disputes.

Ms. Fitzgerald regularly provides guidance on day-to-day workplace issues, drafting and revising various types of employment-related forms and agreements, preparing employment policies, conducting internal workplace investigations and audits, and providing workplace trainings.

She also advises clients on employment-related risks and exposure in merger and acquisition (M&A) transactions.

I. Executive orders regarding DEI programs | 2:00pm – 2:30pm

• Executive orders impacting DEI
• Analysis of language, scope, and enforcement mechanisms
• Implications for public sector employers and federal contractors
• Predicted ripple effects across private industry

II. Litigation Following DEI Executive Orders | 2:30pm – 3:00pm

• Litigation impacting DEI, including the Students for Fair Admissions v. Harvard
• Analysis of cases
• How the decisions will influence public and private-sector policy on DEI

Break | 3:00pm – 3:10pm

III. Defining (and redefining) unlawful discrimination | 3:10pm – 3:30pm

• The history of Title VII, Title VI, and the Constitution
• How the new executive orders reinterpret or reinforce these definitions
• Risk areas: Affinity groups, DEI training content, race-conscious programs
• Intersection with state laws: Where conflict and preemption may occur

IV. DEI programs: What’s legally sound in 2025 | 3:30pm – 3:50pm

• Elements of a legally compliant DEI program under current scrutiny
• Dos and don’ts for training, hiring practices, and internal communication
• Conducting a DEI audit: What to review, document, and potentially revise
• Aligning HR practices with legal, cultural, and reputational risks

V. Forward-looking DEI: Trends and proactive strategies | 3:50pm – 4:10pm

• How ESG, AI, and Gen Z are influencing the DEI agenda
• Anticipating future legal challenges and legislative changes
• The role of legal counsel in preserving DEI’s value while minimizing exposure
• Best practices for sustaining progress in a constrained environment