Where Do We Go Next? Navigating Post-DEI Disinvestment and the Implications of the Fearless Fund Ruling

Where Do We Go Next? Navigating Post-DEI Disinvestment and the Implications of the Fearless Fund Ruling

In the wake of increasing DEI (Diversity, Equity, and Inclusion) disinvestment, we face a critical turning point for impact sectors, philanthropy, and impact investing. With recent rulings like that against the Fearless Fund — a grant-making organization providing support specifically for Black women entrepreneurs — there’s a growing uncertainty around how best to pursue social and economic justice. Here’s a look at what this new landscape might mean and how we might continue advancing impact work in a constrained environment. I'm also including an overview of organizations and leaders I trust in this space to follow to stay ahead of the news, with resources and solutions on how to evolve this work in the face of this landmark ruling and settlement.

DEI Disinvestment: Understanding the Landscape Shift

Over the last decade, DEI initiatives have gained considerable ground, offering companies and organizations frameworks to rethink hiring practices, workplace inclusivity, and equitable investment in marginalized communities. However, recent disinvestment trends reflect a growing backlash against DEI spending. The Fearless Fund ruling, which deemed the fund’s support of Black women-owned businesses discriminatory, has further stoked these trends by challenging targeted initiatives aimed at racial equity.

The implications are sobering for those in philanthropy, impact investing, and social impact fields. Traditional DEI avenues may no longer be sufficient or, in some cases, possible. This moment calls us to ask: What does social impact look like beyond conventional DEI frameworks?

Implications for Philanthropy and Impact Investing

  1. Reassessing Philanthropic Priorities: Many foundations have used DEI as a lens for funding, directing resources toward programs focused on racial equity. The current environment forces us to ask whether these funds will pivot away from racial equity and, if so, how we can reimagine equitable support. For instance, organizations might frame new initiatives under broader inclusivity goals without explicitly targeting racial demographics — still meeting urgent needs while navigating legal restrictions.
  2. A Stronger Focus on Intersectional Approaches: The Fearless Fund ruling underscores a need for more intersectional approaches in impact work. Instead of narrowing support by race or gender, funders might prioritize systemic inequities related to income, education, and access to capital. This broadens the scope and could sidestep legal barriers while continuing to support those affected by multiple axes of marginalization.
  3. Amplifying Community and Collaborative Efforts: Organizations that previously relied on DEI narratives may need to collaborate with grassroots networks. This collaboration can go beyond financial support, emphasizing mentorship, skill-building, and market access, especially for entrepreneurs. Partnering with community-based organizations indirectly ensures resources reach marginalized groups, fostering resilience against shifting political winds.

Charting a New Path for Social Impact

The Fearless Fund ruling doesn’t mark the end of racial equity in philanthropy but signals that conventional strategies need adaptation. For social impact professionals, this means exploring innovative, legally sound ways to support marginalized groups:

  • Innovating Funding Mechanisms: For instance, venture philanthropy and catalytic capital can help circumvent direct grant funding and drive equity outcomes. By investing in social enterprises with mission-driven leaders, funds can make a measurable impact on underserved communities while navigating legal challenges.
  • Embedding Equity in Business Practices: Social impact organizations might consider new business structures that embed equity into the model, such as cooperatives and employee-owned businesses. Such models shift the focus from grant funding to building wealth within communities by offering long-term ownership opportunities. Our team at làmdi has a great deck on this. If you'd like to take a look, send us a note at [email protected].
  • Investing in Policy Advocacy and Legal Change: The Fearless Fund ruling indicates a critical need for policy advocacy within philanthropy and impact investing. Supporting legal challenges and advocating for policy changes that protect equity-driven funding models can help sustain gains in racial equity beyond individual lawsuits and decisions.

Moving Beyond DEI: New Narratives for the Future

For impact leaders, this shift invites us to consider how we frame our missions. If DEI language is being stripped of meaning through disinvestment and legal battles, then we might need to center narratives around economic empowerment, community self-determination, and shared prosperity. The goal is to stay true to the spirit of racial equity without directly challenging recent rulings by focusing on systemic change rather than individual identities.

As leaders in impact, philanthropy, and impact investing, we are responsible for advocating for marginalized communities creatively and persistently. In a world of evolving constraints, our collective mission — fostering an equitable society that empowers all — will require adaptation, resilience, and solidarity.

The road forward is complex, but by strategically recalibrating our approaches, we can keep moving toward the ultimate goal: a world where everyone, regardless of race, gender, or background, has the opportunity to thrive.

People and Organizations to Follow to Stay Ahead of the News

  • Common Future : A nonprofit organization working to close the racial wealth gap by supporting community-led economic development and equitable access to capital.
  • JustFund : A grant-making platform focused on trust-based philanthropy, simplifying and democratizing the funding process to support underrepresented and community-led organizations. They're hosting a great event next week on how to navigate these legal challenges.
  • The Equity Alliance : The Equity Alliance invests in exceptional venture capital fund managers and startup founders who are people of color and/or women.
  • Donors of Color Network : A national community of high-net-worth donors of color dedicated to advancing racial and economic justice through collaborative giving, focusing on transformative philanthropy that addresses systemic inequities and builds power in marginalized communities.
  • Claude Grunitzky : The CEO and Managing Partner of the Equity Alliance, a fund dedicated to providing capital to emerging, underrepresented venture capitalists and early-stage founders who are women or people of color. He was instrumental in supporting the Fearless Fund throughout its legal proceedings.
  • Iara Peng : Founder of JustFund, Iara Peng is a leader in philanthropy, advocating for equitable, accessible, and transparent funding processes for grassroots initiatives.
  • Nathalie Molina Niño : An investor and serial entrepreneur dedicated to closing the opportunity gap for women and marginalized communities, primarily through technology and social impact investing.
  • Sandhya Nakhasi : Co-CEO of Common Future, Sandhya champions a more equitable financial system through catalytic capital and community-led investment programs. She co-founded Community Credit Lab, where she led place-based, affordable lending programs in partnership with community-rooted organizations. Sandhya has developed expertise in equitable lending, credit analysis, and impact investment strategy.

Three Action Items for Practitioners in Philanthropy & Impact:

  1. Reframe Your Funding and Impact Approach: Consider pivoting to broader inclusivity strategies and intersectional funding models. This shift can help support marginalized communities by addressing systemic barriers in areas like income, education, and access to capital without being limited by specific demographic targets.
  2. Strengthen Community Partnerships and Capacity Building: Develop collaborations with grassroots organizations to provide non-financial support, such as mentorship, skill-building, and access to networks. These partnerships enable impact organizations to indirectly reach and support underrepresented groups, creating resilient communities in a shifting legal landscape.
  3. Invest in Policy Advocacy and Inclusive Business Models: Support policy initiatives that protect equity-driven funding and explore sustainable business models, such as cooperatives or employee-owned structures, that embed equity directly into organizational practices. This approach provides long-term wealth-building opportunities within communities and supports systemic change.

Staying informed by following leaders and organizations like Common Future, JustFund, and the Donors of Color Network can offer valuable insights and resources to adapt to this evolving landscape.

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Lillian Bijl

Corporate and Foundation Relations at University of Washington

1mo

Love that your insight is always grounded in actionable next steps for your audience - eliminates the question, "So what do I do?!" Thanks for sharing these thoughts - just sent to my team as we strategize around DEIA fundraising!

Sandy T.

Senior Project Manager with 10 years of experience.

1mo

Thank you My Tam (Mỹ Tâm) H. Nguyễn for providing an overview for people around the Fearless Fund ruling and the three action items. Informative, actionable, and inspired.

Claude Grunitzky

CEO, The Equity Alliance. Chairman, TRUE Africa

1mo

Insightful. So proud to me included 🌟🌟🌟

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