Review what each DEI program does, who participates, and how decisions are made. The same label can describe employment practices, training, scholarships, services, grants, or outreach. Counsel needs those details to assess the rules that apply.

Describe each program accurately

Document the program’s mission, participants, eligibility criteria, selection process, funding, and intended outcomes. Gather current policies, application materials, contracts, grant conditions, and public descriptions. Note whether the written materials match what happens in practice. For foundations, include the criteria and terms used in grantmaking.

Separate questions about internal employment practices from questions about services or funding opportunities. Identify which jurisdictions and agreements are involved. Ask qualified counsel to assess applicable civil rights, employment, tax-exemption, and contractual requirements. Do not assume that guidance for another institution or funding arrangement answers your question.

Use a focused legal review

Give counsel a concise list of decisions you need to make, along with deadlines and relevant records. Ask about both current practices and proposed changes. Laws, executive actions, and litigation can affect the analysis, so obtain current advice before signing certifications, making broad compliance claims, or changing a program.

Document approved decisions and their implementation. If changes are needed, identify who will revise materials, train staff, answer questions, and review the results. Keep legal advice within the channels counsel recommends and avoid circulating sensitive participant information unnecessarily.

Find nonprofit-specific assistance

The Lawyers’ Committee for Civil Rights Under Law is a resource in the chart. Its Protecting and Advancing Diversity, Equity and Inclusion Pro Bono Initiative describes support for nonprofits reviewing equity and DEI programs for legal compliance. Check its current scope and intake requirements.

The Nonprofit Legal Defense Network is another starting point for legal help, including questions connected with executive actions. Explain the specific program and assistance needed. Availability and eligibility must be confirmed; an initial inquiry does not establish representation.

Communicate the mission and the facts

Help staff understand what has been reviewed, what decisions have been approved, and where unresolved questions should go. Public descriptions should accurately explain the program’s purpose and practices. Coordinate with counsel before discussing a legal assessment publicly, and avoid suggesting that a renamed program resolves an underlying legal question. This guide is general orientation and not legal advice.

Explore the Nonprofit & Foundation Resilience guide for related resources. For strategic or crisis communications support, contact Caitlin at CBKStrategies.

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