News & Analysis as of

Diversity Title VII Diversity and Inclusion Standards (D&I)

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Husch Blackwell LLP

State Attorneys General Clash Over the Legality of DEI Initiatives

Husch Blackwell LLP on

From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs...more

Parker Poe Adams & Bernstein LLP

Mandatory Unconscious Bias Training Did Not Violate Title VII

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

WilmerHale

Corporate DEI Landscape - One Year After SFFA

WilmerHale on

In the year since the Supreme Court’s highly anticipated decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), effectively eliminating race-conscious...more

Morgan Lewis

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

Morgan Lewis on

All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more

Orrick, Herrington & Sutcliffe LLP

Discerning the EEOC’s Stance on Corporate DEI Programs

In the wake of last year’s historic Supreme Court decision striking down affirmative action in college admissions, employers and others have been asking the Equal Employment Opportunity Commission to provide guidance on how...more

Whiteford

Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?

Whiteford on

This webinar addresses the legal challenges presented by harassment, reverse discrimination and Section 1981 claims, among others, as well as various defenses and measures your team can take to reduce the risk of legal...more

Miles & Stockbridge P.C.

Highlights from the 2024 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 22nd annual Hot Topics in Employment Law seminar April 11 to clients from throughout Maryland and beyond....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

Constangy, Brooks, Smith & Prophete, LLP

DEI Quiz!

What's legal, and what's not? Diversity, equity, and inclusion programs in employment are increasingly being challenged in the courts. How much do you know about the legalities? Take our quiz and find out! This is a hard...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VII: Re-examining the Implementation of ‘Rooney Rule’ Diverse Slate Initiatives

The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

Jenner & Block on

From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

Husch Blackwell LLP

Cultivating Cultural Sensitivity in the Workplace: Words to Leave Behind in 2024

Husch Blackwell LLP on

In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and...more

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

Conn Kavanaugh on

The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

Cole Schotz

The U.S. Supreme Court Recently Overturned Affirmative Action Precedent in Higher Education – Will Employer DEI Efforts be...

Cole Schotz on

On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part III: High Court Wades Into Questions of Whether Title VII Sex Discrimination Requires Material Harm

During recent oral arguments in a case that could shift the balance in employment discrimination cases and impact employer diversity, equity, and inclusion (DEI) and environmental, social, and governance (ESG) initiatives,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Husch Blackwell LLP

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

Husch Blackwell LLP on

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

Jackson Lewis P.C.

SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

Jackson Lewis P.C. on

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications...more

Stokes Wagner

Impact of The U.S. Supreme Court’s Affirmative Action Decision on Employers

Stokes Wagner on

On June 29, 2023, the United States Supreme Court overturned a decades-old precedent that held race-based affirmative action policies in higher education institutions were constitutional. However, in Students for Fair...more

Seyfarth Shaw LLP

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court’s Affirmative Action Decision: Uncertainty Looms Over the Future of DEI in the Workplace

Since the U.S. Supreme Court decided in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) that the undergraduate affirmative action admissions practices of Harvard College and the...more

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