LibGuides: Legal Resources for Nonprofits: Legal Resources for Diversity, Equity, Inclusion, and Accessibility

DEIA

Diversity, Equity, Inclusion, and Accessibility (DEIA) does not have one definition; rather, it broadly encompasses a variety of programs and policies. Consequently, the legal risks associated with any DEIA initiative depend on its specific design and implementation.

In evaluating risks, nonprofits must ensure strict compliance with federal anti-discrimination laws. Differential treatment of employees or stakeholders based on race, sex, or other protected characteristics may violate these laws as well as relevant executive orders and federal directives.

For a comprehensive understanding of DEIA terminology and concepts, nonprofits are encouraged to consult the DEIA Dictionary provided by the Institute for Diversity Certification.

The National Council of Nonprofits offers a helpful DEI Risk Assessment Checklist to guide organizations—especially those receiving federal funding—in managing these risks. It's advisable to consult with legal professionals to ensure compliance with applicable laws and to address any specific concerns related to your organization's DEIA efforts.

Legal Resources on Mitigating DEIA and ESG Risk

DEI Initiatives in the Crosshairs of the Administration: What Nonprofits Need to Know to Mitigate Their Risk - Tenenbaum & Serafino, Tenenbaum Law Group PLLC
Even in this time of uncertainty, there are several steps nonprofit executives can take to understand their legal risk related to DEI initiatives. These steps all require a degree of self-awareness of an organization’s values and culture, but also a careful examination of organizational finances, legal risk, and public profile.
How Trump’s DEI Rollback Affects Nonprofits and How to Protect Your Organization - Gillion, et al. Policy Holder Pluse
If your nonprofit has implemented initiatives on diversity, racial non-discrimination, gender inclusion or related issues, it’s critical to understand how these changes may affect your operations—and, importantly, steps you can take to assess and reduce risks.
Mitigating the Legal Risks of Nonprofits’ ESG and DEIA Programs - Tenenbaum, ABA
This article explains the legal risks inherent to ESG-related initiatives for nonprofit organizations and provides practical tips and guidance on how nonprofits can effectively mitigate those risks.
Should Nonprofits Speak Out on DEI? How to Take a Stand Without Risking Funding - Diversity.com
How can nonprofits take a stand without jeopardizing financial security? This article outlines practical strategies for advocating for DEI while maintaining funding stability.

Legal Resources for Racial Equity Policies and Initiatives

Investing in Racial Equity Through Charitable Grants and Services - Lawyers’ Committee for Civil Rights Under Law
Lawyers’ Committee for Civil Rights Under Law provides context on the Fearless Fund case settlement and outlines a non-exhaustive list of lawful strategies foundations and other grantmakers can use to continue advancing fairness and economic opportunity in communities of color.
Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives - MA and IL Attorney General
Attorney General Kwame Raoul and Massachusetts Attorney General Andrea Campbell lead a coalition of 16 attorneys general in issuing guidance to help businesses, nonprofits, and other organizations understand the viability and importance of diversity, equity, inclusion and accessibility policies and practices in creating and maintaining legally compliant and thriving workplaces.

Advancing Racial Equity Legal Guidance for Advocates - Othering and Belonging Institute at UC Berkeley
This guidance is designed to help advocates and institutional leaders understand prevailing interpretations of law with a greater degree of nuance and precision than is typically available. It clarifies what is permissible and what is generally prohibited, and provides many examples to illustrate these ideas.
The FAQ is listed as well.
FAQ: Racial Equity Legal Guidance - Othering and Belonging Institute at UC Berkeley
This FAQ is was created to accompany our more robust legal guidance document, Advancing Racial Equity: Legal Guidance for Advocates.

Racial Equity Policies and Initiatives

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities as to DEI-Related Workplace Discrimination - K&L Gates
On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices the federal agencies may consider to be “discriminatory.” Importantly, the federal government also has confirmed that DEI initiatives, policies, programs, or practices can lawfully exist. While the technical assistance documents are not binding, they serve as interpretive guidelines for enforcement agents and are expressly intended to “increase public awareness of how existing rules apply to DEI programs.”
EEOC and DOJ Issue Guidance on Discrimination Related to DEI under Title VII - Morgan Lewis
The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) issued two guidance documents on March 19, 2025 detailing their views on discrimination related to diversity, equity, and inclusion (DEI) initiatives and policies under Title VII.
Navigating the DEI landscape: Insights from HR professionals - Minnesota Compass
Minnesota Compass and Wilder Research interviewed HR professionals in government, business, and nonprofits to better understand the challenges organizations face in implementing DEI initiatives and the effectiveness of their strategies.
What You Should Know About DEI-Related Discrimination at Work - Equal Employment Opportunity Commission (EEOC)
Diversity, Equity and Inclusion (DEI) is a broad term that is not defined in Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits employment discrimination based on protected characteristics such as race and sex. Under Title VII, DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated—in whole or in part—by an employee’s or applicant’s race, sex, or another protected characteristic.

Why DEIA?

Why Diversity, Equity, and Inclusion Matter for Nonprofits - NCN
National Council of Nonprofits path of exploration to identify how to build the core values of diversity, equity, and inclusion into all our nonprofit’s operations, as well as model those values as we advance our mission.

Federal Registrar PDF of Executive Orders

Ending Illegal Discrimination and Restoring Merit-Based Opportunity - Executive Order 14173 of January 21, 2025
PDF from the Federal Registrar on Executive Order #14173
Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Fact Sheets

Ending Illegal Discrimination and Restoring Merit-Based Opportunity Fact Sheet - CBCF
Fact Sheet and summary of Executive Order #14173
Trump’s Executive Orders on Diversity, Equity, and Inclusion, Explained - Legal Defense Fund, et al.
In his first week in office, President Trump issued a series of executive orders (EOs) targeting diversity, equity, and inclusion programs in the public and private sectors.

Legal Resources for Nonprofits: Legal Resources for Diversity, Equity, Inclusion, and Accessibility