Employment DEI Legal Principles (SC)

Diversity, Equity, and Inclusion (DEI) has sparked significant legal, social and political attention in recent years. While many DEI programs arose out of corporate settlements of large race and gender discrimination cases, the efforts took on new directions after the #metoo and social justice movements. Many organizations increased their focus on DEI, and a wide variety of new efforts were developed to address the social climates. Also, many DEI practices are rooted in compliance efforts to removing barriers in the workplace and ensure merit-based decisions. Against this backdrop, a corresponding backlash has formed. Highly coordinated attacks on DEI efforts have proliferated with a new administration taking the lead through executive actions and anticipated legal enforcement actions. This short course addresses the developing legal and business landscapes regarding various employer-led DEI efforts. The course will cover antidiscrimination principles, including those related to “reverse” discrimination; the statutory and regulatory bases for affirmative action programs and initiatives; and the continuing evolution of novel legal theories being used to challenge DEI efforts.