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Heilbut LLP’s WBENC Certification

by | Feb 11, 2025 | Culture

We stand proudly diverse.

Beyond taglines or measures, quotas or pressures, we know that more viewpoints means more considerations, and more considerations means more options, and more options means better results, and better results, well, those speak for themselves. As a proudly women-owned (actually 100% MOTHER owned) business, we pride ourselves on bringing fresh viewpoints into a static industry.

Heilbut LLP’s WBENC Certification

In 2024, we embarked on the path of seeking certification from the Women’s Business Enterprise National Council (WBENC) which is the largest certifier of women-owned businesses in the United States. We had supported clients’ path to certification in the past and knew it was an arduous process resulting in a significant milestone which could open doors to new opportunities, partnerships, and growth for our firm. WBENC certification is a rigorous process that validates a business is at least 51% owned, controlled, operated, and managed by a woman or women. The certification is recognized by thousands of corporations and government agencies, providing access to a vast network of resources and opportunities.

Public Sector Opportunities

Since, one of WBENC’s stated goals is supporting its member companies in procuring government contracts, we wonder how Trump’s recent executive orders aimed at dismantling diversity, equity, and inclusion (DEI) initiatives will impact WBENC membership and opportunities. Trump’s measures work to eliminate DEI programs within federal agencies and among government contractors, which could reduce the number of opportunities explicitly made available to women-owned businesses certified by WBENC. The executive orders terminate all DEI, DEIA (diversity, equity, inclusion, and accessibility), and environmental justice jobs, as well as any programs, grants, or contracts related to their implementation in the U.S. government.

Private Sector Opportunities

While targeted at the federal government, the Executive Orders direct federal agencies to pressure the private sector to abandon DEI policies. Trump’s second DEI-related order, which was signed on January 21, 2025, revoked a 1965 President Lyndon Johnson executive order. The 2025 order explicitly mandates that DEI requirements, described as “immoral race- and sex- based preferences,” be removed from all federal contractor programs. The 60-year-old program enacted by President Johnson, required private companies contracting with the federal government to maintain certain auditing and investigation practices which were in turn reported to the Department of Labor’s Office of Federal Contract Compliance Programs. Trump aims to do away with this writ large.

The President’s statements seem to suggest that DEI is opposed to hard-work, experience, and competence. This is patently false. DEI efforts are not aimed at outsized opportunities for underrepresented groups, but rather to incentivize and support organizations (private, public, non-profit) to make efforts to associate with marginalized and underrepresented groups.

While Trump cannot issue an Order outlawing private company action around DEI; it can and does direct federal agencies to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” And his Executive Order calls on the Attorney General, in consultation with the heads of federal agencies, to propose an enforcement plan targeting private actors using DEI in their business operations as well as creating deterring measures to halt DEI programs and investigations into private sector companies including publicly-traded, non-profit, and other associations.

Conclusion

Like other diverse businesses, we trust that we never receive business or opportunities that we are not qualified to handle. We expect that excellence is required in everything we do. DEI efforts do not seek to open opportunities to unqualified people or teams. The same standards always apply and organizations like WBENC stand to make sure that historically overlooked groups are merely within the considered pool of applicants.

Despite these challenges, WBENC asserts that it remains committed to supporting its members and advocating for the continued recognition and inclusion of women-owned businesses in all sectors. We are committed to supporting our clients through WBENC certification process, compliance with recent executive actions, and beyond. If you have any questions or need assistance, please do not hesitate to contact us.

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About Heilbut LLP

Founded in 2022, Heilbut LLP specializes in intellectual property and corporate law for emerging and evolving companies. With a work style centered around collaboration and candor.

Heilbut is a firm for clients who value true partnership and independent spirit. We live curious lives filled with fresh perspectives. It’s this curiosity and courage that makes a Heilbut lawyer a true partner.

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