Diversity, Equity and Inclusion (DEI) has had a long history in the United States, beginning as early as the 1865. Since that time, there have been a myriad of initiatives put forth by various US Presidents that have built on that concept, such as, Affirmative Action, the Civil Rights Act of 1964, and the Americans with Disabilities Act in 1990. By the early 2000’s corporate American was spending billions of dollars on various DEI related programs. In 2024 the Anti-DEI movement within Corporate American began to emerge. And, on March 19, 2025, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued a joint statement and released two supporting documents focused on educating the public about unlawful discrimination related to diversity, equity, and inclusion (DEI) in the workplace. This powerful Anti-DEI push from the Federal Government creates new potential liabilities for organizations,  their executives, directors and officers, as well as their insurance companies.

Key Takeaways:

• Evolution of DEI in the United States
• Impact on the D&O and EPL Insurance industry and coverages
• Emerging risks for corporations, executives, directors and officers
• Strategies to mitigate these risks