DEI or Discrimination? Navigating Policy Shifts While Staying Compliant

Before your company attests to no "illegal DEI," listen to our latest outRageous HR podcast: DEI or Discrimination? Navigating Policy Shifts While Staying Compliant. “When we certify with the government it comes with an extreme amount of penalties when you get it wrong,” says Kathlyn Perez. "You're telling the government...I don't believe there's discrimination in my programs or how my manager's are making decisions."

Kathlyn Perez, an employment attorney at Perez Law LLC, joins Annette Alvarado, VP of Operations and Team Lead at OutSolve, on this outRageous HR podcast episode where they unpack how employers can stay compliant amid shifting interpretations of long-standing federal anti-discrimination laws. While the buzz around "illegal DEI" is growing louder, the laws themselves haven’t changed. So, what’s all the fuss about? 

In this timely conversation, Kathlyn and Annette discuss the current shift in DEI philosophy and how it ties into discrimination—what’s legal, what’s not, and what employers need to know to stay compliant in a shifting policy environment.  

They discuss the current legal climate, DEI programs and potential compliance risks, employer best practices, and proactive risk management. They also dive deeper into: 

• A new federal certification process requires companies to formally confirm they are not engaging in illegal DEI and be prepared to prove it. 
  
• Core federal anti-discrimination laws like Title VII, ADEA, and ADA remain unchanged, but interpretations by agencies like the EEOC are evolving.  

• DEI initiatives must not grant preferential treatment based on race, gender, or other protected traits, even with good intentions. 

• Regularly audit policies, perform non-discrimination analysis, evaluate training, and internal messaging to ensure legal alignment, paying special attention to DEI language. 

• Train managers to make employment decisions based on merit, not on protected characteristics. 

With all the buzz around complying with EO 14173, and how to approach DEI programs, you don’t want to miss this episode. Click here to watch the full episode: DEI or Discrimination? Navigating Policy Shifts While Staying Compliant. 

How OutSolve Can Help 

At OutSolve, we understand that navigating DEI, compliance, and non-discrimination requirements can be complex, especially as interpretations shift and scrutiny increases. Our team helps employers proactively review policies and audit DEI programs, ensuring alignment with federal law while supporting inclusive workplaces. Whether you're preparing for the upcoming certifications or simply want peace of mind that your practices are legally sound, OutSolve provides the guidance and tools to keep your organization protected and compliant. 

Continue the conversation in HR Gumbo City on Slack. Ask other HR professionals what they are doing and how they are responding to updated interpretations of cornerstone anti-discrimination laws. Join today.