Many Philanthropy Colorado members are asking about DEI language and how it might need to be modified. Keep in mind that the Executive Order Ending Radical and Wasteful Government DEI Programs and Preferencing attacks “illegal DEI” programs and does not in any way require that either DEI language or commitment be eliminated from websites or communications. It is clear however, that prominent DEI language can increase scrutiny or the likelihood of targeting for investigation or litigation.
Here is some practical guidance that Philanthropy Colorado has identified. This information is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Do you have information or resources on DEI language to share with your foundation peers?
Please send to info@philanthropycolorado.org and we’ll add to this list.
Practical guidance from Diversity.com
Diversity.com (Mar. 10, 2025) Should Nonprofits speak Out on DEI? How to Take a Stand Without Risking Funding
Retrieved from https://diversity.com/post/should-nonprofits-speak-out-on-dei
Excerpts:
Reframe DEI Advocacy as Mission-Aligned, Not Political
Why It Works: Nonprofits that align DEI efforts with core mission values—rather than framing them as political statements—are better positioned to retain funding and public support.
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Connect DEI to Organizational Impact – Emphasize how diversity strengthens program effectiveness, community trust, and long-term sustainability.
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Use Inclusive Language – Shift messaging to focus on access, opportunity, and fairness rather than politically charged terms.
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Highlight Mission-Driven Success Stories – Showcase real-world examples of how diversity improves outcomes for beneficiaries.
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Engage Funders in Impact Discussions – Frame DEI as a business imperative that aligns with corporate social responsibility (CSR) goals.
Example: A health nonprofit rebranded its DEI initiative as a “Community-Centered Healthcare Strategy”, maintaining funder support while continuing inclusive outreach.
Action Step: Ensure that DEI messaging aligns with mission-driven values, making it harder for funders to justify withdrawal.
Adapt DEI Language Without Compromising Values
Why It Works: Nonprofits can continue promoting diversity by adjusting terminology to fit evolving legal and funding landscapes.
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Use Business-Friendly DEI Terms – Frame DEI as “inclusive workplace culture” or “equity-driven leadership”.
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Focus on Economic & Workforce Development – Highlight how DEI efforts drive innovation and community success.
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Avoid Highly Politicized Phrases – Shift focus to practical DEI benefits rather than ideological debates.
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Align DEI with Risk Management & Compliance – Show how inclusion reduces legal risks and improves organizational resilience.
Example: A nonprofit transitioned from “racial justice initiatives” to “equity-driven community impact programs”, keeping funder support intact.
Action Step: Review and adjust external DEI messaging to ensure it remains effective without triggering funding restrictions.
Concrete examples of DEI language concerns and suggested alternatives
Yoshino, K., Glasgow, D. & Joseph, C. (Feb. 11, 2025) “The Legal Landscape Around DEI is Shifting. Your Messaging Should Too.”, Harvard Business Review
Retrieved from https://hbr.org/2025/02/the-legal-landscape-around-dei-is-shifting-your-messaging-should-too
When Is DEI Communication Legally Risky?
DEI communications create legal risk when a statement suggests that the organization engages in what we call the “three Ps” by conferring a preference on a protected group with respect to a palpable benefit.
See examples of specific language concerns and suggested alternatives
Justification for DEI
Hiring and Promotion
Diversity Targets
Diversity Training
When Is DEI Communication Not Legally Risky?
Any other DEI statements that do not invoke the three Ps are legally low risk. Leaders can still use each of the words in the DEI acronym, and advocate for:
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Greater diversity of personnel in their organization
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Fairness and equity in the organization’s policies and procedures
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A culture of inclusion in which employees feel a sense of belonging
Targeted Universalism has been helpful to several Philanthropy Colorado members.
Targeted Universalism: Setting universal goals (i.e., that every child is proficient in 8th grade math) that can be achieved through targeted approaches (i.e., only 70% of Latino students are proficient v. 80% of all children). The goal should be universal, the policies should be targeted.