A 2023 note from Goldman Sachs said many of the biggest technology groups âexercise near-sovereign power and are increasingly challenging nation states as geopolitical actorsâ. Two years later, those companies have discovered just how potent one nation state remains: the US under President Donald Trump. Soon after taking office for the second time, Trump announced a clampdown on companiesâ diversity, equity, and inclusion (DE&I) policies.
In an executive order called âEnding illegal discrimination and restoring merit-based opportunityâ, Trump made it plain that he would no longer tolerate corporate policies that strove to increase the hiring and promotion of ethnic minorities, women, and other groups that had previously struggled to enter and climb corporate hierarchies. In the future, he said, companies must recruit and promote purely on merit.
Trumpâs move raised two questions: what right did the US government have to interfere in the affairs of private companies? And why didnât companies announce that, as it wasnât the administrationâs business, they would simply ignore the executive order?
The answer to the first is that the White House has long intervened to shape companiesâ policies. In 1965, President Lyndon Johnson gave a push to what would become known as DE&I with an executive order requiring all companies that were federal contractors to tackle the underrepresentation of ethnic minorities and women. This instruction answers the second question: tell Trump to get lost and kiss goodbye to any federal government contracts. Whatâs more, a federal contractor violating the new policies risks criminal action.
The US federal governmentâs contract-giving powers are vast and far-reaching. In March, the Financial Times reported that US embassies in Paris and other EU capitals had sent letters to large European companies warning them to comply with the DE&I ban if they did work for the US government.
Some business leaders remained defiant. Goldman Sachs told ABC News that it believed âorganizations benefit from diverse initiativesâ, and Jamie Dimon, CEO of JPMorgan Chase, told CNBC: âWe will continue to reach out to the Black community, the Hispanic community, the veteransâ community, and LGBTQ.â
However, others quickly folded. Meta said it would continue to look for diverse recruits but was scrapping its DE&I program because of the âshifting legal and policy landscapeâ. Amazon said it was âdedicated to delivering inclusive experiencesâ but was âwinding down outdated programs and materialsâ. McDonaldâs, Target, and Walmart also beat a retreat.
It’s easy to tell those abandoning DE&I policies to stick to their principles, but there could be a cost to the business that affects not just shareholders but employees.
When âmeritâ looks like discrimination
So, what should leaders do? They should reassess what their DE&I policies were for, which they should retain (even if they think it politic to drop the label), and how to improve them. To do that, it is worth reviewing why DE&I programs were introduced in the first place.
The Johnson administrationâs aim in the 1960s was to break a pattern of entrenched racial and sexual discrimination. The Trump view is that DE&I brought in new discrimination in which people were hired and promoted for their race and gender rather than on merit. This may have been true in some cases, but DE&I policies also aimed to deal with the many instances where what looked like merit was really hiring people who looked like their bosses.