Resources for Navigating the Changing Landscape

The following resources provide essential background information about the legal landscape related to anti-discrimination rules and the scope of legal equity, diversity, and inclusion activity. 

Multi-State Attorneys General Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives was issued on February 13, 2025 and clarifies the legal landscape for businesses and non-profits by differentiating between “sound and lawful policies and practices that promote diversity, equity, inclusion, and accessibility in the workforce” and unlawful discrimination based on personal preference. 

Using the Law to Remediate Injustice: Legal Strategies for Nonprofits and Foundations is a September 2024 webinar presentation by BakerHostetler Partner Alexander Reid and a panel of legal and strategic thought leaders exploring how to deliver on mission within the legal landscape.  

Discomfort Isn’t Discrimination, from The Employer Handbook Blog, reports on a Federal Court’s February 2025 ruling that DEI training is not inherently unlawful. As it says, “By focusing on fairness and inclusion, addressing discomfort constructively, and ensuring a respectful environment, DEI training done right remains a powerful tool for building a positive workplace culture.” 

Settlement Update from the Council on Foundations is helpful reading for organizations that operate fellowships or professional development programs and outlines how the September 2024 American Alliance for Equal Rights v Fearless Foundation case addresses a program eligibility criteria.  

Trump Executive Orders Target DEI in Government and Private Sector, from Pillsbury Law, provides a granular examination of actions taken to date by the new administration, with a particular focus on the implications federal grantees and contractors.

Presenting and framing ongoing legal equity, diversity, and inclusion work as an integrated value is critical as orchestras navigate the evolving environment. The following guides offer suggestions for how to communicate these values in a way that resonates across multiple audiences.

The Legal Landscape Around DEI Is Shifting, Your Messaging Should, Too, from the Harvard Business Review, addresses messaging from a legal perspective, providing practical guidance and sample text.  

Diversity, Equity, and Inclusion Messaging Guide created by Raben, explores how the public perceives and distinguishes between diversity, equity, and inclusion efforts, and offers practical guidance on framing values in ways that communicate across party lines and racial groups. 

The Fierce Urgency of Now: Messages that Advance Diversity and Equal Opportunity, is produced by the Leadership Council on Human and Civil Rights. It synthesizes insights from recent public perception studies, and outlines a broad messaging approach designed to resonate across the political spectrum. 

Arts and Creativity Strengthen our Nation: A Messaging Guide from the National Assembly of State Arts Agencies provides guidance and key messages for engaging and influencing elected officials on critical topics such as public funding and the impact of the arts.

Freedom of creative expression is central to the capacity of orchestras to deliver on mission, and participation and inclusivity are essential to ensuring that diverse voices and perspectives shape the art form’s evolution. The following resources can support discussions about programming and artistry.

PEN America’s Flashpoints Educational Resource Guide shares past and current debates about free speech in the context of protest, dissent, and the quest for social change. 

The Censorship Horizon: A Survey of Art Museum Directors raises important and relatable issues concerned with both censorship and self-censorship in the face of political pressure.