Multinational employers now must navigate a quagmire with respect to any diversity, equity, and inclusion (DEI) efforts because of the tension between differing federal, international and some state laws and policies. This tension raises risks for multinational employers. This client alert outlines the shift in federal guidance on DEI; the tension between federal, international and state policies on DEI, and highlights ways in which companies may be able to mitigate risk.

In an era of rising political scrutiny and shifting legal interpretations, many employers are asking the same question: Can we still do DEI? The short answer, according to former EEOC Commissioner Chai Feldblum, is a resounding yes—as long as it’s done lawfully, thoughtfully, and inclusively. Given the current political and legal climate, it’s crucial for employers to understand how to navigate these complexities while maintaining their commitment to diversity, equity, and inclusion.