The landscape of Diversity, Equity, and Inclusion (DEI) is experiencing a significant tremor, sparked by recent federal actions aimed at scaling back DEI programs within the federal workforce and among federal contractors. This ripple effect is prompting leaders across various sectors to reevaluate their DEI initiatives, creating a complex environment for HR professionals.
For recruiters, navigating DEI conversations in this evolving climate is a delicate balancing act. It’s about aligning with federal guidance to ensure compliance while simultaneously upholding a genuine commitment to inclusivity and fairness in hiring. This presents a unique challenge: how can HR leaders authentically represent their company’s values when the ground beneath DEI seems to be shifting?
To shed light on this complex issue, HR Daily Advisor chatted virtually with Sarah Peterson Herr, JD, a Legal Editor at Brightmine, to gain insights on how recruiters can prepare to discuss their DEI programs and company values while ensuring compliance with current regulations and guidelines.
Given the recent federal pullback on DEI initiatives, what are the immediate compliance considerations recruiters need to be aware of when discussing their company’s DEI programs with candidates?
“Recruiters need to be especially mindful of how DEI is framed in conversations with potential new hires,” explains Peterson Herr. “The Trump administration’s executive order, Ending Radical and Wasteful Government DEI Programs and Preferencing, aims to terminate all programs, including DEI mandates, policies, programs, preferences, and activities in federal agencies. While this directly impacts public institutions and federal contractors, the ripple effects reach the private sector, particularly in how DEI efforts are perceived and communicated.”
Peterson Herr emphasizes the importance of language: “Recruiters should avoid language that implies preferential treatment and instead emphasize the company’s broader values – such as fairness, equal opportunity, and belonging. It’s crucial that any mention of DEI is tied to compliant, lawful practices.”
She also stresses the collaborative effort required: “Partnering closely with legal and HR teams is essential to ensure the company’s messaging reflects this delicate balance and attracts the right candidates.”
For companies that genuinely value inclusivity, how can recruiters continue to authentically represent their DEI commitment in hiring conversations while remaining compliant with current federal guidelines?
SPH: Authenticity starts with transparency. Recruiters can still speak confidently about their organization’s commitment to inclusive practices by focusing on the company’s overall values, such as fairness in hiring and creating a culture of belonging. Even if a company is practicing what’s being dubbed, “quiet DEI,” which is when companies invest in inclusion without using the traditional terminology, it’s still valid to discuss the company’s efforts that promote a psychologically safe work environment, encourage employee growth or support diverse perspectives. Presenting DEI as a fundamental part of the business culture, rather than a compliance initiative, is both legally sound and more meaningful to candidates.
What specific language or approach should recruiters adopt (or avoid) when discussing DEI with candidates to strike the right balance between transparency and compliance?
SPH: The language we use is critical to ensure organizations remain in compliance yet still evoke an inviting and inclusive workplace environment. Avoid using terms like, “preferences,” “targets,” or anything that could be interpreted as quota based. Instead, recruiters should talk about “inclusive hiring practices,” “equitable access,” or a “commitment to fostering a respectful and diverse workplace.” Highlight your company’s values, not policies – especially if those policies are evolving. Additionally, if your organization is reassessing its DEI approach, be transparent and upfront with candidates. Clearly communicate how your company’s values are evolving and how you’re aligning with current legal and regulatory guidance—while continuing to foster an inclusive workplace.
How can recruiters effectively prepare hiring managers and interview teams to navigate DEI-related questions from candidates in this evolving environment?
SPH: It’s essential to prepare hiring teams with talking points that align with both your company’s values and compliance guidelines as many job seekers will likely bring up DEI. Approximately 30% of Gen Z and 25% of Millennials would job hunt if their employer slashed DEI-related initiatives, per Brightmine data, so interviewers should be equipped to respond to candidates’ questions given the heightened interest.
Host training sessions, develop FAQs, provide examples of language to use (and avoid) and practice answering tricky questions to ensure everyone is aligned. It’s also okay to acknowledge change: if your organization is reassessing its DEI approach, be transparent and upfront with candidates about how it’s aligning its values, while adapting to legal and regulatory guidance and updates. The goal is to ensure hiring teams can speak with confidence and authenticity, without stepping into murky legal territory or promoting a culture that isn’t authentic.
Beyond direct conversations, what are some proactive steps recruiting teams can take to ensure their hiring processes remain fair and equitable, even amidst shifting federal policies?
SPH: Recruiters should review their hiring processes from end to end. This includes assessing job descriptions for biased language, implementing diverse interview teams and making sure their outreach efforts reach a wide talent pool. Structured interviews can also help reduce bias and create a consistent candidate experience. Keep in mind, candidates research your company long before they apply, so the public message should align with your commitment to inclusion, even if the language has evolved. It’s vital to proactively and regularly align with your legal and compliance teams, as this environment is shifting fast.
Looking ahead, what is one potential long-term strategy for recruiters to build and maintain diverse and inclusive talent pipelines considering these recent changes?
SPH: Invest in relationships, not just fill job positions. Building diverse talent pipelines takes time and trust. Recruiters should aim to form partnerships with community organizations and professional networks to create meaningful connections with talent. Even if the terminology shifts, the long-term strategy is cultivating a culture of inclusion and growth from within and that starts with intentional, values-led recruitment.
Is there anything else you’d like to add?
SPH: This is a moment for recruiters to lead with courage and clarity. The federal landscape has shifted, but the responsibility to create inclusive, equitable workplaces remains. Candidates are watching, employees are listening, and your company’s reputation is on the line. In fact, 26% of American workers report if their company publicly announced a rollback of DEI policies but continued internal practices like diverse hiring and fair promotions, they would feel more negatively about the company, and it would make them rethink their organization’s core values. Even when a company is navigating language or legal nuances, the heart of the business stays the same: fairness, respect and opportunity for all.