The Trump Administration’s executive orders have had a chilling effect on the small business development sector because they potentially target funding and programs that are vital for countless organizations to function and serve their communities.
Some parties (government staff, organizations, companies) are taking a conservative approach and pausing certain activities that might fall under the scope of the orders, as some terms in the orders are vague. While some groups have filed lawsuits challenging the legality of these executive orders, many of us have spent the last couple of weeks trying to protect our organizations and those we serve.
One important thing to remember is that executive orders do not supersede enacted law or the Constitution. They are meant to manage the operations of the federal government, but they are limited in scope. While the outcome of the lawsuits is yet to be determined, it is possible that some of the President’s executive orders will be found unlawful by the courts.
Despite the current uncertainty, we can mitigate risk while continuing to fulfill our mission as community-serving organizations.
Assess your communications
- When talking about the work that your organization does, lead with the problem you are trying to solve, rather than with the demographics of the population you serve. For example: “helping under-resourced entrepreneurs gain access to capital” (this encapsulates the problem of entrepreneurs not having enough resources and needing help accessing capital, without delving into demographics).
- Consider adding a non-discrimination policy statement to your website or other communications (this page provides examples, but consult your lawyer).
Lead with economic impact
- Collect data. Reach out to your clients and ask them to provide you with information on the economic impact that the various executive orders have had on their businesses (loss of revenue, loss of contracts, etc.). Ask for last year’s data as well so you can make year-over-year comparisons. This data will be useful when advocating for the programs that help these small business owners.
- Emphasize the value of our sector’s programs. Use this guide for sample talking points.
Determine risk
- Conduct a risk assessment to determine where you want to be given your mission and values, and figure out if anything in those documents puts your organization at risk and at what level. You may want to consult a lawyer for this process (Public Counsel offers pro-bono services to eligible nonprofits).
- Other things to analyze for risk:
- Your website. This is your public face, so any content on it carries potential risk. Identify where the risks are.
- Your HR practices. Analyze how you hire, train, and compensate employees.
- Your corporate governance practices.
These are the steps that CAMEO Network is taking until we have more information. If you have your own risk mitigation plan or other suggestions, please share.