On January 21, 2025, President Donald Trump signed an executive order (E.O.) titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity that could impact Diversity, Equity, and Inclusion (DEI) programs. While this E.O. may change how some programs are enforced, it does not take away your rights as an employee to work in an environment free from discrimination, harassment, or unequal treatment. This fact sheet is designed to help you understand your rights and responsibilities in the workplace.
What is the January 21, 2025 Executive Order (E.O.)?
The E.O. aims to change how DEI programs are handled in the private sector. It focuses on ending certain practices that are deemed “illegal” under current law. However, this order does not remove your right to be treated fairly at work or to be free from discrimination. It encourages employers to review their DEI programs to ensure they comply with federal civil rights laws.
Does this Executive Order affect my rights as an employee?
No, your rights to equal treatment at work remain intact. In California, you still have the right to work in an environment free from discrimination or harassment based on race, color, ancestry, national origin, age, disability, sex, gender, gender identity, gender expression, sexual preference, religion, medical condition, marital status, military or veteran status, and genetic information. The E.O. affects how certain DEI programs are structured, but you should continue to report any discrimination or harassment you experience or witness in the workplace.
What constitutes discrimination or harassment under the new E.O.?
While the E.O. encourages employers to avoid certain DEI practices like setting hiring quotas or making hiring decisions based on race, gender, or other protected factors, discrimination and harassment are still illegal under existing laws. This means:
- You cannot be treated unfairly in hiring, promotions, actions taken against you or day-to-day work based on your race, gender, identity, or any other protected status.
- Harassment—including offensive comments, exclusion, or mistreatment based on someone’s identity—is still prohibited.
- Retaliation against employees who report discrimination or participate in investigations is also illegal.
What should I do if I experience or witness discrimination or harassment?
You have the right to speak up if you experience or witness discrimination or harassment. Here’s what you can do:
- Report it immediately. If you feel you’ve been discriminated against or harassed, report it to your supervisor, the HR department, or through the official reporting channels at your workplace.
- Document the incident. Keep a record of what happened (ex., notes, emails, text messages, etc.), including dates, times, and any individuals involved. This can help when you report the issue.
- Know your protection rights. You are protected by law from retaliation. Employers cannot punish you for reporting discrimination or harassment.
How should I interact with my colleagues in light of the new E.O.?
The executive order may lead to changes in how certain DEI programs are structured, but it does not change the core principles of respectful treatment in the workplace. Here’s how you can continue to ensure positive and fair interactions:
- Treat everyone with respect. Regardless of changes to DEI programs, always interact with colleagues courteously.
- Support diversity. Continue to embrace the diversity of your colleagues, and make sure you’re fostering an environment where everyone feels valued and heard.
- Be mindful of your behavior. Avoid discriminatory comments, jokes, or actions. Be aware of how your behavior might affect others and be open to feedback from colleagues about how your behavior might affect the workplace.
What if I see someone else being discriminated against?
It’s important to support your colleagues if you witness discrimination or harassment. You can:
- Speak up. If you feel safe doing so, let the person know their behavior is not acceptable.
- Support the person who was harmed. Offer assistance and encourage them to report the incident to their supervisor, HR, leadership, or anyone else they feel comfortable speaking with.
- Be an ally. Stand up for fairness and equality and support the creation of a positive workplace culture for everyone.
What if I’m unsure whether something is discriminatory or not?
If you’re unsure whether something is discriminatory, consider the following:
- Does it make others feel uncomfortable? If something feels wrong or makes others feel excluded, it could be worth addressing.
- Consult HR or a trusted colleague. If you’re uncertain, HR, a colleague, or a mentor can help you understand whether an issue is discriminatory or against company policy.
- Stay informed. Keep up with workplace policies (ex., workplace handbook) and anti-discrimination laws to ensure you’re fully aware of your rights and responsibilities.
How can I stay informed about my rights at work?
- Know your company’s policies. Read up on your organization’s anti-discrimination policies, DEI programs, and reporting procedures.
- Stay updated on legal developments. Although the executive order may influence DEI programs, discrimination and harassment laws are still in place. Stay informed about any new developments.
- Ask questions. If you’re ever in doubt about your rights or need clarification, don’t hesitate to ask HR, your supervisor, a trusted colleague, or seek legal advice.
What should I do if I feel my employer is retaliating against me?
If you experience retaliation for reporting discrimination or harassment, it is important to:
- Document the retaliation. Keep a record of retaliatory actions, such as changes to your job or treatment that you believe are linked to your report.
- Report retaliation immediately. Inform HR or the appropriate person in your company if you feel you’re being retaliated against (emails and texts are helpful, even if they are confirming what HR said to you in-person). Many companies have anonymous hotlines you can call to report retaliation.
- Know your rights. You are protected from retaliation under federal law, and you have the right to report any mistreatment without fear of punishment.
Remember: Your Rights Are Protected
The changes introduced by the January 21, 2025, executive order do not take away your rights as an employee. You still have the right to work in an environment free from discrimination, harassment, and retaliation. Always report any issues, be proactive in supporting your colleagues, and stay informed to ensure that your workplace remains a respectful, inclusive space for everyone.
The Racial Economic Justice Helpline provides free, confidential legal information to individuals in low-wage jobs and industries who are facing discrimination and need to know their rights under Ban the Box and Fair Chance laws. To make an appointment, please call: (415) 404-9093, or (559) 220-8989 if you are located in the Central Valley. Please leave a voicemail. You may also contact us by filling out this form.
Disclaimer
This Fact Sheet is intended to provide accurate, general information regarding legal rights relating to employment in California. Yet because laws and legal procedures are subject to frequent change and differing interpretations, Legal Aid at Work cannot ensure the information in this Fact Sheet is current nor be responsible for any use to which it is put. Do not rely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation.
Last updated: January 2025