Employment Law Digest June 2025 – What is the future for EDI?

However, there have been a number of recent political shifts in the UK and the US which have contributed towards a growing climate of scepticism towards diversity programs, which raise questions about the future of these initiatives.

In March 2025, newly elected President Trump set out his stall in taking aim at EDI, saying that hiring and promotion practices should be based on merit, not race and gender, and declaring that the US “will be woke no longer”. He referred to the “tyranny” of EDI and he seems to have found some significant support for his views. Similarly, across Europe we have seen a rise in the “anti woke” movement, and this sort of rhetoric is credited, at least in part, in explaining the success of Nigel Farage’s Reform UK party in the last round of local elections, with newly elected counsellors refusing to take part in EDI training, declaring simply that “all people should be treated equally”.

Regardless of whatever your personal views are (I am a lawyer, not a politician), it is worth remembering the reasons why EDI has gained so much ground over recent years, and we should be cautious about side-lining this. One of the key issues in the debate is perhaps a misunderstanding of what the law actually requires, and possibly an indication of what EDI has, to some, come to represent.

To some, EDI is synonymous with preferring someone for a role due to their protected characteristic, rather than their ability to do the job. This is simply not what the law provides. But political rhetoric is pervasive: when President Trump blamed the January 2025 Washington air crash on diversity and inclusion measures, seemingly without having any detailed knowledge (at least at that early stage) of the facts, this felt like a real shift. And, as we have seen, it is a form of rhetoric that has gained popularity.

Looking at what the law says, the Equality Act 2010 sets out a comprehensive set of protections for those with “protected characteristics”, meaning it is prohibited to discriminate against someone on one of these specific protected grounds: sex, race, age, disability, sexual orientation, gender re-assignment, marriage or civil partnership, pregnancy and religion or belief. These protections are enshrined in law and political opinion alone doesn’t change this. The law is actually about protecting people from discrimination on the grounds of protected characteristics- nowhere in the Equality Act does it say that people should be given preferential treatment due to their protected characteristic, for example being given roles they are not capable of performing, because of them. If this is how some organisations are interpreting the legal position then it is perhaps rather easier to see why “anti woke” rhetoric is gaining momentum.

The political landscape influences public perceptions and, consequently, organisational policies on EDI. When leaders downplay or outright oppose diversity efforts, it can result in a ripple effect through industries and sectors. HR professionals face immense pressure to craft diversity strategies that align with a positive corporate ethos while remaining resilient in the face of external political pressures.

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Another important point to bear in mind is that the concept of diversity extends beyond compliance with rules on preventing discrimination. It is about fostering environments that promote social mobility and equal opportunities. If organisations begin to retract their commitment to EDI due to political pressures, they may miss out on the significant benefits that diversity brings to creativity, problem-solving, and overall productivity.

As HR professionals, perhaps the future of EDI is about promoting a better understanding of what it really means. Rather than perceiving diversity initiatives as a meaningless tick box exercise, we need to be able frame them as integral components for cultivating a thriving workplace culture. This involves not only attracting diverse talent but also making sure that this is nurtured and retained long-term. When the workforce is genuinely representative of wider society, the collective insights and experiences it brings enhance innovation and decision-making processes.

While the political landscape may pose challenges to EDI initiatives, it’s an opportunity for HR specialists to reinforce their fundamental importance as essential drivers of business success, whilst ensuring that organisations meet their long standing legal obligations to avoid discrimination. What is certain is that EDI is about much more than protected characteristics, and HR specialists should navigate this evolving landscape with care.

If you have any queries please contact your usual legal advisor, or for further information contact our Employment Team.