Some employers are concerned about the legality of employee resource groups (ERGs) in light of the diversity, equity, and inclusion (DEI) executive orders passed last week by President Donald Trump.
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While ERGS are “seen as a safe space for traditionally marginalized groups to come together to discuss their unique challenges, [they] should be open to all employees,” said Brooke Iley, an attorney with Blank Rome in Washington, D.C.
This was already best practice for employers prior to Trump’s DEI executive orders, she added.
“While the content may focus on a specific constituency, an ERG should be open to all,” Iley said. “By allowing all employees to participate, even those from historically privileged backgrounds, companies will support a better understanding of issues that divide workforces and unique challenges. This type of open participation fosters greater inclusivity and allyship within an organization.”
Furthermore, she said, this type of inclusion leads to greater understanding and partnership among colleagues in the workforce.
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"What the DEI Executive Orders Mean for Employee Resource Groups," by Allen Smith was published in SHRM on February 5, 2025.
