ABOUT PROJECT FORWARD

Led by BRIDGE, Project FORWARD is a cross-industry initiative, designed to chart our collective path forward and meet the current moment head-on. In partnership with top experts in academia, law and our board members, we are dedicated to equipping, educating, and empowering leaders in diversity, equity and inclusion (DEI), marketing, and business to continue to drive inclusive innovation and sustainable growth.

 

Every Friday, Project FORWARD provides critical updates on executive orders (EO) and legislative developments, featuring legal interpretations from Stacy Hawkins, Esq., Diversity & Employment Practices Consultant and Rutgers Professor of Law, and Jessica Golden Cortes, Partner, Labor + Employment Group, Davis+Gilbert LLP. We will also include the BRIDGE POV and tangible actions to consider.*

 

We encourage our community to remain informed and proactive. If you have questions or insights you’d like to share, please email [email protected].

 

FOR PAST ISSUES OF PROJECT FORWARD WEEKLY GUIDANCE PLEASE VISIT HERE.

 

*These Project FORWARD updates should not be construed as legal advice or counsel. They are for educational and instructive purposes only, to aid our understanding about how best to actively continue our mission in response to this moment. 

PROJECT FORWARD TOP 10

 

As we have seen over the past weeks, things change day-by-day, minute-by-minute so it’s important to stay pragmatic and focused versus chaotic and reactionary. 
 

Here’s a Project FORWARD Top 10 to consider during this time:

1 - NO STIGMA TO EVOLVING: In the same way that all business practices evolve, there should be no stigma attached to evolving DEI practices. Despite the collision with politics, the evolution of DEI practices should be subject to the same rigor as other business practices - figure out what’s working and what isn’t, strengthen its attachment to business impact and mitigate risk.
 

2 - CONNECT TO BUSINESS OUTCOMES: Beyond ensuring full compliance with existing laws, the most powerful way to mitigate risk is to broaden your inclusion efforts across the organization - intentionally tying them to business outcomes and marketplace impact.
 

3 - DRIVING BUSINESS GROWTH: Inclusion can be transformational in driving business growth, especially when activating historically untapped communities whose buying power continues to grow in scale and influence (estimated at $6 Trillion).
 

4 - SEE, SERVE AND SHOW UP IN THE MARKET: Consider your inclusion maturity through a growth lens of how you see, serve and show up in the marketplace.

 

5 - COMPLIANCE WITH TITLE VII: The Civil Rights Act, and the legal protections it affords, remains unchanged! Continue to review your DEI Practices to ensure that they are compliant with Title VII. For example: internships are open to all applicants, mentorships open to all employees, allies are invited to attend ERGs, etc.

 

6 - EXECUTIVE ORDERS ARE NOT LAW: An EO is a directive for how the federal government must act under the law. In and of itself, it does not have the force of law; therefore, EOs can be overturned if they violate federal or constitutional law.

 

7 - MERIT AND DEI AREN’T MUTUALLY EXCLUSIVE: The assertion that merit-based hiring is contrary to DEI practices is a false narrative. DEI practitioners have not advocated for hiring unqualified individuals—the role of DEI is to break the systemic structures that have historically excluded qualified talent and expand opportunities to those who have been arbitrarily denied access. Merit and DEI have never been mutually exclusive.

 

8 - COMMIT TO YOUR VALUES: You cannot please everyone so committing to your company values versus capitulating to the politics of the moment is essential in maintaining trust in your brand. These values guide your mission, goals, culture, decision-making, behaviors, and relationships, serving as a foundation for how your company operates and interacts with employees, customers, and the broader community. 

 

9 - ZERO-TOLERANCE POLICY: Clearly define a zero-tolerance policy for all forms of discrimination and harassment - ensure it is clearly communicated to your employees.

 

10 - TRANSPARENCY IN COMMUNICATIONS: Be proactive and transparent in your communications to address questions and to reassure employees, especially those that belong to communities directly targeted, that the recent actions by the federal government do not override their protections under existing law or otherwise undermine the employer's commitment to support them.

UPDATE ON PREVIOUSLY ISSUED EXECUTIVE ORDERS

For continued reference these are the EOs targeting DEI and LGBTQ+ protections that have been issued:

• Ending Radical and Wasteful Government DEI Programs and Preferencing: Executive Order # 14151
• Ending Illegal Discrimination and Restoring Merit-Based Opportunity: Executive Order # 14173
• Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government: Executive Order #14168

 

OVERVIEW

On Friday, March 28, 2025, in response to a suit filed by Chicago Women in Trade, a federal judge in Illinois issued a temporary restraining order blocking the Department of Labor from implementing a key provision of Trump's executive order # 14173 aimed at requiring federal grant recipients and contractors to certify that they do not operate Diversity, Equity and Inclusion (DEI) initiatives in violation of Trump's anti-DEI orders.

 

Judge Matthew Kennelly of the US District of Illinois ruled the certification requirement is unconstitutionally vague and, coupled with the threat of financial penalties, would likely violate free speech rights. The preliminary injunction motion is set for an in-person hearing next Thursday, April 10, 2025. 

 

The pushback against Trump's anti-DEI agenda has extended to European governments and businesses. According to a NY Times article from April 2, 2025, American Embassies in several countries sent letters to foreign contractors instructing them to certify their compliance with Trump’s policies aimed at unraveling diversity programs. These letters drew sharp reactions from European companies and officials, who see them as part of a broader pressure campaign by the administration to export anti-diversity policies abroad.

 

The European governments and businesses say these demands compromise their deep commitments to DEI, conflict with local laws, and violate international law/treaties.

 

LEGAL INTERPRETATION

The temporary restraining order issued on an emergency basis, applies specifically to the contractor certification requirement under Executive Order #14173. The district court has set the case for expedited briefings and hearings to determine, by the end of April, if the emergency order will be extended during the pendency of the litigation. Even if extended by the district court, this injunction may be appealed by the administration.

 

While this order temporarily blocks the Department of Labor from requiring federal contractors to certify their DEI programs—effectively overriding the 4th Circuit’s stay on that point—it leaves intact the 4th Circuit’s ruling on the other two provisions challenged in the Baltimore case. As a result, the Trump administration may continue canceling “equity-related grants and contracts” and enforcing civil rights laws against so-called “illegal DEI or DEIA practices.”
 

BRIDGE POV

Navigating the fluctuating legal landscape surrounding these EOs, especially the “ping pong” effect of shifting court rulings, requires a strategic and clear-headed approach. 

 

This is further intensified by the administration’s recent directives to European companies, pressuring them to abandon their Diversity, Equity, and Inclusion (DEI) initiatives. In addition to igniting significant diplomatic tensions, these directives pose complex challenges for multinational corporations. Rightfully, European officials have pushed back forcefully, viewing the move as both an overreach of US authority, and a violation of their own anti-discrimination laws. As a result global companies now face a precarious balancing act to preserve government contracts while honoring DEI commitments in regions where such principles are not only culturally embedded, but legally protected. 

 

The situation underscores the intricate interplay between national policies and international business operations, compelling corporations to reconcile a landscape where political dogma and corporate values may be at odds.  

1. Collaborate with legal counsel and your DEI professionals to determine compliance obligations while adhering to global values and employee expectations
2. Continue to stay informed on legal developments - challenges and rulings - related to the Executive Orders. A good understanding of the legal context will allow you to make sound business decisions to mitigate risk without compromising business opportunity.
3. Maintain open lines of communication with all stakeholders about any evolution to your DEI practice - clearly articulate the reason for adjustments while reaffirming a commitment to fostering an inclusive workplace and marketplace (actions must align to the commitment)

 

ADDITIONAL RESOURCES

A federal judge temporarily blocks parts of Trump's anti-DEI executive orders | AP News

 

U.S. Seeks to Calm Tempest in Europe Over Trump’s Anti-Diversity Policies - The New York Times 

 

Chicago Women in Trades v. Trump, et al. 

MOUNTING RESISTANCE

Mounting resistance to the Trump Administration’s coordinated efforts - through Executive Orders and various Agency actions - to weaponize the rule of law

 

OVERVIEW
Over the past week, leaders in higher education, the legal profession, professional associations and state government officials have all publicly condemned the Trump Administration’s efforts to weaponize the rule of law - using threats, intimidation, and coercion to pressure institutions and businesses into abandoning DEI initiatives under the threat of political retribution, despite no legal requirement to do so. 
 

As the 79 law school deans asserted: “We write to reaffirm basic principles: The government should not punish lawyers and law firms for the clients they represent, absent specific findings that such representation was illegal or unethical. Punishing lawyers for their representation and advocacy violates the First Amendment and undermines the Sixth Amendment.”

 

There is a divide in the legal community about how to respond to Trump’s efforts to settle scores with political opponents represented by the law firms. Three firms – Perkins Coie, Jenner & Block, and WilmerHale – have all sued and successfully gotten court orders to at least partially block the executive orders. Wilmer Hale was clear on their position,  “The Executive Order targeting our firm is a plainly unlawful attack on the bedrock principles of our nation’s legal system—our clients’ right to counsel and the First Amendment. The terms of a nearly identical Executive Order have already been enjoined by a federal judge and today we have filed for immediate relief to protect the rights of our clients. We are bringing the dedication, expertise, and values that have served a wide range of clients in matters against administrations of both parties for decades to ensure their and our rights are upheld.” 

 

On April 2, 2025, Perkins Coie filed a motion asking the Court to permanently block enforcement of the unlawful Executive Order targeting our firm: “Since our initial filing, we have made clear our resolve in protecting our firm, safeguarding the interests of our clients, and upholding the rule of law.”

“The Executive Order threatens core constitutional principles and freedoms that all Americans hold dear, and the Court has already found that we are likely to succeed in our challenge.”
 

LEGAL INTERPRETATION

These open letters, along with the legal challenges already filed against the Trump DEI Executive Orders reflect a coordinated response  from members of the legal profession - who are sworn to uphold the rule of law - against the administration’s attempts to weaponize it for political and ideological ends. 

 

This collective action signals growing sense of public outrage over the administration’s coercive tactics and is likely to galvanize broader resistance to its ideological agendas and extra-legal demands beyond the federal sector.
 

BRIDGE POV 

An attack on DEI is an attack on business and innovation. Additionally, all companies have an obligation to respond to the administration’s attempt to weaponize the rule of law with moral clarity, a principled resolve and a firm commitment to their stated values. When the law is weaponized, the private sector becomes not just an economic actor, but a civic one.

1. Stand on principle not pressure - companies should resist politically motivated coercion that demands abandonment of Diversity, Equity and Inclusion or other lawful, values driven practices. Upholding these commitments to ethical governance demonstrates strength and leadership.
2. Seek legal guidance but don’t hide behind it - while staying compliant with the law is essential, companies must recognize the difference between legal obligation and political intimidation.
3. Collaborate and speak collectively - there is power in numbers. Companies don’t have to stand alone - forming coalitions across industries can help dilute risk with strengthening a shared defense of values on a global scale.

EXECUTIVE ORDER # 14253

• Restoring Truth and Sanity to American History: Executive Order #14253

 

OVERVIEW

On March 27, 2025, Trump signed an executive order titled: "Restoring Truth and Sanity to American History." This directive mandates the removal of what it terms “improper, divisive or anti-American ideology” from federal institutions, notably targeting the Smithsonian institution. 

 

The Executive Order accuses prior Administrations of using public monuments, museums, and other public sites, dedicated to memorializing the country’s true history, of promoting  a “corrosive ideology” that it claims distorts history by portraying America’s founding as “inherently racist, sexist, oppressive, or otherwise irredeemably flawed.” 

 

The Order cites examples where racism, sexism or transgender historical figures are acknowledged and directs those overseeing these spaces to remove such narratives and instead  “honor the richness of American history and innovation,” and “instill pride in the hearts of all Americans.”

 

This move follows Trump's broader push to exert sweeping controls over cultural institutions, such as the Kennedy Center - undermining their ability to serve the public interest and fulfill their mission to advance art and history. 

 

LEGAL INTERPRETATION

This Executive Order echoes the anti-CRT movement launched by Christopher Rufo in 2020, which led to federal and state actions like Trump’s anti-DEI training order and Florida’s Stop-WOKE Act. These efforts aimed to suppress discussions of racism, sexism, and structural inequality in education and the workplace.

 

Critics further argue that this executive order effectively seeks to erase significant aspects of American history by downplaying or eliminating narratives related to slavery, segregation, and systemic racism. By promoting a more “patriotic” and less critical portrayal of the nation’s past, the order is seen as an attempt to whitewash history and suppress discussions on the complexities and struggles that have shaped the United States.  

 

This move has also sparked concerns among historians and civil rights advocates, who view it as an effort to control cultural narratives and diminish the recognition of marginalized communities’ contributions to American history. 

 

Because the Order targets federally-owned spaces under direct presidential control, legal challenges are unlikely to succeed. However, Congress retains oversight authority and could scrutinize any actions taken under the Order to ensure alignment with public interest and statutory mandates.

 

BRIDGE POV 

​​This is when the private sector and other civic actors must step in to fill the growing void in our collective national narrative. As the federal government moves to erase or obscure the histories of marginalized communities, businesses, philanthropic organizations, media platforms and others have an opportunity—indeed, a responsibility — to preserve and amplify these stories. 

 

Truth in history is not just a moral imperative, it is foundational to a functioning democracy. A society that cannot confront its past cannot create a rich future.

 

In moments when the state retreats from this truth, civic society must step forward—not just to resist erasure, but to actively shape a more honest, representative, and resilient national story.
 

1. The private sector must not remain neutral in this moment - their obligation is to their employees and consumers, many of whom are witnessing their histories erased through the dismantling of narratives, monuments, artworks and more
2. Support museums, archives, universities and grassroots organizations committed to telling the full story of American history, including the experiences of marginalized communities. Strategic philanthropy can preserve this important part of our foundation and help institutions remain resilient in the face of political pressure.
3. Integrate inclusive storytelling into your brand platforms - use advertising, content marketing, social media and internal communications to elevate the historical narrative of underrepresented communities. Work with your DEI practitioners to ensure authentic representation and the avoidance of stereotypes.
4. Continue investing in historically grounded education of factual contextual history to ensure the workforce becomes a living archive of inclusive knowledge

 

ADDITIONAL RESOURCES

Historians Defend the Smithsonian - AHA

COMMUNITY EVENTS

BRIDGE invites everyone to join for our monthly Community Calls which take place on the last Thursday of every month, gathering DEI marketing, and business leaders committed to driving systemic change within our organizations and the industry at large.

 

Our next call is Thursday, April 24th from 12-1p ET.

BRIDGE25: FORWARD, our annual 2 1/2 day retreat will convene close to 200 of the top DEI, Marketing & Business Leaders at the stunning Seabird Resort overlooking the beach in Oceanside, CA, May 4-6.

Our commitment is to deliver and experience that will be unapologetically indelible, determined and audacious! 

 

Spots are limited so please don't wait to sign up!