In the New York Law Journal, Employment and Litigation Teams Examine DEI Litigation Trends and Risk

In the weeks and months following the U.S. Supreme Court’s higher-education affirmative action ruling in Students for Fair Admissions v. Harvard College (SFFA), affirmative action opponents have initiated actions beyond the scope of the Court’s holding and challenged corporate diversity, equity and inclusion (DEI) programs.

In an article written for New York Law Journal, employment partners Richard Kidd, Greg Demers and litigation & enforcement counsel Renai Rodney examine how using precise and thoughtful language in communication about DEI initiatives can take the proverbial bullseye off a company. 

The team offered five examples of how this plays out in practice, identifying high-risk and low-risk alternatives in five common scenarios: metrics-driven DEI efforts; grant and fellowship programs; affinity groups; hiring and promotion; and policies and training.

Given the evolving litigation landscape, Richard, Greg, and Renai noted “it is imperative that company counsel thoroughly vet any new policies, trainings, and other broadly disseminated DEI communications to minimize risk while advancing their employer’s mission.”