Location: A Virtual Conversation
Date: Tuesday, February 25, 2025
Time: 12:00 pm - 1:15 pm ET
DEI Initiatives in the Crosshairs of the Administration: What Nonprofits Need to Do to Mitigate Their Risk
In recent weeks, President Trump signed a flurry of Executive Orders implementing a wide array of administration policies related to diversity, equity, and inclusion (DEI) initiatives designed to ban both public- and private-sector programs encouraging DEI and targeting federal contractors and grant recipients that advance DEI and environmental justice. New requirements for federal award recipients to certify – under the threat of criminal penalties – that they do not operate any “illegal” DEI programs is causing palpable consternation in segments of the nonprofit community.
The White House also issued a memorandum directing the heads of executive agencies to “review all funding that agencies provide to NGOs,” with a stated goal “to stop funding NGOs that undermine the national interest.” In addition, Attorney General Pam Bondi directed the DOJ to “investigate, eliminate, and penalize” private companies and universities (including nonprofits) that have “illegal” DEI programs.
Despite the litigation challenges in the courts, these new directives have raised significant concern among nonprofit executives about the legality of their DEI efforts and the future of their organizations’ funding secured (directly and indirectly) through federal grants, cooperative agreements, and contracts. On top of these new administration-led efforts, considerable DEI-related risks arise from pre-existing areas of law, such as federal and state employment laws, the federal prohibition of discrimination in contracting (including with grants, scholarships, fellowships, and otherwise) on the basis of race, and state DEI-specific laws and executive orders.
Join us to hear from two nonprofit attorneys who have been steeped in these issues about practical steps that nonprofits can take to understand and mitigate their legal and other risks related to their DEI initiatives in this time of great regulatory change and uncertainty.
Jeffrey S. Tenenbaum, Esq., Managing Partner, Tenenbaum Law Group PLLC
Jeff Tenenbaum is widely regarded as one of the nation's leading nonprofit attorneys, and is also an accomplished author, lecturer, commentator, and expert witness on nonprofit legal matters. As Managing Partner of the nationally recognized, Washington, DC-based Tenenbaum Law Group – a six-attorney boutique law firm focused exclusively on the legal needs of nonprofits – Jeff counsels his clients on the broad array of legal and sensitive business and governance issues affecting nonprofits.
Among numerous other honors and awards, Jeff is the recipient of Association TRENDS & CEO Update’s 2025 Association Industry Partner of the Year Award, was the 2006 recipient of the American Bar Association's Outstanding Nonprofit Lawyer of the Year Award, has been one of only a handful of Leading Lawyers in the prestigious U.S. Legal 500 Not-for-Profit rankings over the years, and is one of only five lawyers in the U.S. Legal 500’s Not-for-Profit Hall of Fame. Every year for well over a decade, Jeff has been listed in the nonprofit categories of Best Lawyers and Super Lawyers.
Jeff is the author of the ASAE-published book, Association Tax Compliance Guide, which is only slightly more popular than his second – and much more interesting – book, Quarantine Cocktails. He currently serves as Chair of the American Bar Association’s Trade and Professional Associations Subcommittee and on several ASAE committees.
Kevin M. Serafino, Esq., Associate, Tenenbaum Law Group PLLC
Kevin Serafino is an Associate at Tenenbaum Law Group PLLC, where he advises nonprofit organizations on a broad range of legal issues. He counsels public charities, private foundations, trade and professional associations, and social welfare organizations on formation, federal tax exemption, governance, and major transactions. He also focuses on advising politically active organizations on federal and state lobbying, ethics, and campaign finance law, and assists in designing compliance programs to complement high-impact advocacy work by nonprofits.
Prior to practicing law, Kevin spent more than a decade in lobbying and compliance roles for two national trade associations, where lobbied the U.S. Congress and federal agencies and managed political strategy and fundraising. He holds a Certified Association Executive certification from the American Society of Association Executives, and has been honored as a Fellow of the Bryce Harlow Foundation, an organization dedicated to advancing the integrity of government advocacy.
* Please note: Attendee contact information will be distributed after the meeting. If you have any objections to sharing your information with the other attendees, please note it in your registration.
