Manager missteps are your greatest new legal risk       

Your managers make dozens of high-stakes decisions every week. Any one of those decisions could spark a discrimination claim. 

And right now, they’re flying blind. 

A wave of new executive orders and EEOC/DOJ guidance has created a perfect storm of legal ambiguity and heightened employee sensitivity. Some employees now feel more empowered to raise discrimination claims and others may feel targeted and more alert to potential unequal treatment. While some of the risks can be addressed at the level of policies and programs on DEI, gender identity and other issues, a manager’s action, inaction or misstep can lead to claims, suits and other consequences. 

If you’re not training your managers, your organization is exposed. 

The Hidden Risk: Unprepared Managers 

Most managers want to do the right thing — but good intentions don’t equal legal protection. 

• They don’t know what the recent executive orders actually change 
• They don’t know where the legal lines are drawn 
• They don’t know how to de-escalate conflict — or how easily it can escalate 

Recent legal and political developments have created gray areas in the workplace – situations where multiple perspectives may conflict and employees from all backgrounds may feel overlooked or misunderstood: 

• Concerns from majority-group employees about perceived inequities (e.g., reverse discrimination). 
• Objections to DEI programs or the perception that some groups are given preferences in hiring, promotion or opportunity. 
• Tensions around gender identity, pronouns and religious rights at work. 

Managers who don’t know how to spot these new risks can’t address them — triggering costly investigations and litigation. 

What’s Driving the Legal Shift? 

Evolving shifts in federal enforcement policies are significantly reshaping workplace compliance, especially around sensitive issues such as: 

• DEI-related discrimination 
• Religious bias in hiring 
• Foreign language use in the workplace 
• Gender identity and sex-based protections 
• Claims of “reverse” discrimination 

These changes are raising difficult questions for employers. Can diversity-focused hiring lead to legal exposure from other applicants? Can an employee’s religious beliefs exempt them from using pronouns consistent with a colleague’s gender identity? Are “English-only” workplace policies now acceptable — or still problematic? 

EEOC leadership has set out clear enforcement priorities and the agency is pursuing them. For example, in a May announcement of its suit against Marriott for religious discrimination, the EEOC Chair said, “Employers need to remember that religious rights are not second-class rights, but rather part of our nation’s first principles, Employers should take compliance with religious accommodation requirements under Title VII as seriously as compliance with their disability and pregnancy accommodations obligations: very seriously.” At the same time, scrutiny of DEI programs has intensified, leading to new investigations and compliance reviews. 

This climate of legal uncertainty is fueling concern among insurers, who are bracing for a surge in claims. And employers are taking notice. In Littler Mendelson’s 2025 survey, 63% of respondents expressed concern about discrimination and harassment claims. Alarmingly, 45% specifically cited DEI-related litigation as a top concern — nearly double the rate reported in 2024. 

A course designed for this moment 

Many organizations feel paralyzed by today’s politicized and legally ambiguous environment. But failing to prepare your managers is itself a gamble.  

Traliant’s new Discrimination Prevention for Managers training is designed to cut through the noise and provide clear, compliant guidance. It’s a practical, proactive step to help managers navigate the ambiguity and emotion of this moment.  

Developed by legal and compliance experts, the training is neutral, fact-based and grounded in current laws, not opinions, to avoid political landmines. It provides managers: 

• Simple, straightforward explanation of what the recent executive orders do and don’t change 
• Clear definitions of what legally counts as discrimination 
• Strategies for responding to employee concerns about DEI, pronouns, religion and fairness 
• Practical guidance based on real situations playing out in workplaces today 

With the rules in flux and legal interpretations shifting, the need for up-to-date, consistent training has never been greater. Providing managers with the tools to make informed decisions and uphold policies helps create a workplace that is both compliant and respectful – even as the legal landscape continues to evolve. 

Don’t wait for a lawsuit 

Lawsuits are expensive. EEOC investigations are disruptive. Internal conflict is toxic. A single untrained manager can cost your organization far more than the price of a training program. Don’t wait for a manager misstep to become your next headline. Provide supervisors and managers with the training they need to respond legally and confidently.