Description
The Supreme Court’s Harvard decision, other current events, and changing DEI sentiments are putting DEI programming in the crosshairs. Many employers, including law firms, have recognized the well-documented business benefits of policies focused on increasing diversity, equity and inclusion (DEI). In addition to being an effective business strategy, DEI programs also reflect an organization's values and is a visible statement of an organization’s commitment to creating a harmonious, socially responsible, and culturally diverse organization.
But the laws that prevent invidious employment discrimination may also restrict employer efforts to increase DEI, too. There is no “DEI exception” to the Title VII prohibition on considering race, gender, etc. in any employment decision, policy, or practice. And today many employers find themselves scrambling to develop authentic DEI policies that meet the demands of an evolving legal framework and an unpredictable - often increasing critical - public forum.
This fast-moving webcast explores DEI danger zones, where laudable intent still may be unlawful. More specifically, this program will:
- Review of the laws with regard to considering a Title VII characteristic (such as gender or race) as a “plus” when making an employment decision (including when the goal is to increase diversity)
- Discuss the impact in the employment/DEI context of the Supreme Court’s Title VI case relative to affirmative action in higher education
- Identify specific employment/DEI practices that are illegal or suspect under the case law and propose less risky alternatives
- Provide an overview of the law pertaining to limiting internship, mentoring program, ERG or other employment/ DEI program participation based on a Title VII characteristic
- Discuss possible impacts of the pending Supreme Court case on the standard for challenging discriminatory term, condition or privilege of a DEI/employment program