USA: Businesses Must Stand Firm On Diversity, Equity And Inclusion, Say Experts

GENEVA (10 March 2025) – Businesses across the United States must reaffirm their commitment to human rights and to the principles of diversity, equity and inclusion (DEI) in the workplace, in the wake of recent policy shifts by the US government, UN experts* said today.

“More than ever, businesses must uphold their responsibility to respect human rights, remain resilient in their commitment to creating inclusive and safe workplaces, and act in accordance with international human rights law and standards, regardless of government actions or political climate,” the experts said in a statement.

On 21 January, the new US administration issued Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

The order revokes affirmative action policies and directs a cessation of DEI practices across Federal employers, agencies, contractors, and subcontractors. It further “encourages” private sector businesses to follow suit, raising significant concerns for human rights experts about the potential human rights impacts, particularly for marginalised communities.

“We are deeply concerned by this unprecedented attack on DEI programmes, which the Executive Order defines as “dangerous, demeaning, and immoral race and sex-based preferences.” This puts LGBTI+ persons at higher human rights risk,” they warned.

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The experts were also alarmed by the US Department of Justice memo of 5 February 2025, titled “Ending Illegal DEI and DEIA Discrimination Preferences.” The memo mandates a report to the Associate Attorney General by 1 March 2025 recommending measures to end these policies, and tasks the Civil Rights Division with investigating, eliminating, and penalising “illegal DEI practices” in the private sector and federally funded educational institutions.

“Reversing DEI initiatives not only violates the State’s duty to protect against discrimination, but it reverses years of progress made in the US in creating inclusive and safe workplaces for all, with a chilling effect on individuals, organisations and businesses wanting to move forward with anti-discrimination initiatives,” the experts said.

The measures will also reinforce structural inequalities and discrimination that civil society and the business community have worked hard to address, they warned.

DEI initiatives are not only an essential element of responsible business but also benefit enterprises, including in the US, they said.

Under the UN Guiding Principles on Business and Human Rights, businesses have a responsibility to respect human rights independently of the State’s ability or willingness to fulfil its own human rights obligations, the experts recalled. These responsibilities exist over and above compliance with national laws and regulations, they said.

“To navigate these challenging times, we encourage businesses to engage with civil society actors, particularly LGBTI+ communities and human rights defenders, and to collaborate with their peers to exercise joint leverage to produce positive change for all,” the experts said.

The experts have been in contact with the US Government on this issue.

Note: 

*The experts: Lyra Jakulevičienė (Chairperson), Pichamon Yeophantong (Vice- Chairperson), Fernanda Hopenhaym, Robert McCorquodale, Damilola Olawuyi, Working Group on business and human rights; Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Graeme Reid, Independent Expert on protection against discrimination and violence based on sexual orientation and gender identity; Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Gina Romero, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association; Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls; and Farida Shaheed, Special Rapporteur on the right to education.

Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.

Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/

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