What: Littler's annual employer survey reveals most organisations will preserve DEI initiatives despite Trump administration's opposition, though concerns about related litigation have nearly doubled since 2024.

Why it is important: As retailers navigate complex DEI transformations, with examples ranging from Walmart's successful policy adaptation to Target's USD 10 billion valuation loss, understanding how companies can maintain inclusive practices while managing legal risks becomes crucial for industry survival.

The latest Littler survey reveals a nuanced picture of corporate America's response to political pressure on DEI initiatives. Despite the Trump administration's efforts to end private-sector DEI programs, 45% of respondents plan no rollbacks, while 32% anticipate only minor changes. However, concerns about DEI-related litigation have increased significantly, rising from 24% in 2024 to 45% in 2025. The survey, which polled nearly 350 in-house lawyers, executives, and HR professionals, indicates that companies are particularly focused on potential policy changes in DEI, immigration, and LGBTQ+ protections. The findings suggest that organisations are adopting strategic approaches to maintain inclusive practices while managing legal risks, with many focusing on implementation methods rather than wholesale program changes. This measured response reflects a growing understanding that effective DEI practices require careful balance between maintaining inclusive workplaces and navigating evolving regulatory requirements.

IADS Notes: The Littler survey's findings about maintaining DEI programs despite political pressure reflect significant developments in retail industry practices. In January 2025, Walmart demonstrated successful adaptation by maintaining inclusion practices while modifying terminology , achieving strong market performance and providing a model for the article's observation that most employers plan minimal DEI changes. This contrasts sharply with Target's February 2025 experience of a USD 10 billion valuation loss and 9% drop in store traffic following DEI policy changes , validating the survey's finding of increased concern about DEI-related litigation. The industry's broader challenges are evident in March 2025 data showing that while FTSE 350 retailers achieved 42% female board representation, only half meet the 40% women in leadership target , underscoring the article's emphasis on maintaining effective DEI practices while adapting to new regulatory pressures. This evolution has led to the emergence of new approaches like the FAIR framework , offering retailers a way to balance inclusive practices with changing political and legal requirements.

DEI may go largely unchanged despite Trump attacks, Littler says