What is Going on with Diversity, Equity and Inclusion?

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

Ad

parsonsbehle.com
What Is Going on With DEI?
Christina Jepson
cjepson@parsonsbehle.com
June 3, 2024

2
This presentation is based on available information as of May 7, 2024,
but everyone must understand that the information...

3
DEI IN RECENT YEARS
 DEI initiatives have increased over the last several years
 However, DEI initiatives have increas...

4
DEI IN RECENT YEARS
 From 2020 – 2022 Cox supported DEI Initiatives
o Praising and signing the Utah Compact on Racial E...

5
DEI IN RECENT YEARS
 From 2023 – Present Cox’s Support for DEI Has Waned
o Signing a bill limiting discussion of racism...

6
DEI IN RECENT YEARS
o During the 2024 legislative session, the Utah Legislature passed one bill addressing DEI in
higher...

Supreme Court’s Decision
in SFFA v. Harvard

9
Why we are discussing this
Well-settled Supreme Court precedent held that colleges could use race
as a plus factor (not ...

10
The Effect of the Court’s Ruling
 What will be the effect?
 In 1996, California voters passed Proposition 209 banning...

11
Effect on Employers
 The Supreme Court’s decision in SFAA v. Harvard is unlikely to
immediately affect most private em...

12
Effect on Employers
 In a concurring opinion, Justice Neil Gorsuch said there was no
reason Title VII (which applies t...

The Current Legal
Framework For Employers

14
Title VII
 Private employers are primarily governed by Title VII of the Civil
Rights Act of 1964 which protects employ...

15
Affirmative Action Under Title VII
 In United Steelworkers of America, AFL-CIO-CLC v. Webber, the
Supreme Court held t...

16
Voluntary Affirmative Action Under EEOC
Guidelines
 The EEOC has also issued guidelines on when an employer can instit...

17
Voluntary Affirmative Action Under EEOC
Guidelines
 CAUTION: The adoption of a voluntary affirmative action plan under...

18
Affirmative Action For Federal Contractors
 Executive Order 11246, the Vietnam Era Veterans’ Readjustment Assistance
A...

19
Affirmative Action For Federal Contractors
 OFCCP regulations also require certain contractors to:
o Develop and maint...

20
Workplace Discrimination Amendments
 During the 2024 legislative session, the Utah State Legislature passed House
Bill...

21
Workplace Discrimination Amendments
 H.B. 396 defines “religiously objectionable express” as “expression, action, or i...

Trends and an Evolving Legal
Landscape

23
State Attorney General Response
 On July 13, 2023, Republican AG’s from thirteen states sent a joint
letter to Fortune...

24
What’s Next for DEI Initiatives?

25
State Attorney General Response
 On July 19, 2023, twenty-one Democratic AG’s responded by
sending a letter to Fortune...

26
What’s Next for DEI Initiatives?

27
Lawsuits and Other Legal Actions
 A number of lawsuits and other legal actions have recently been brought or
threatene...

28
Lawsuits and Other Legal Actions
 Pfizer, Inc. was sued by an activist group called Do No Harm
alleging that its Break...

29
Lawsuits and Other Legal Actions
 America First Legal, founded by former Trump advisor Stephen
Miller, has filed a law...

30
Lawsuits and Other Legal Actions
 America First Legal has filed EEOC
complaints against nearly two dozen
companies it ...

31
Lawsuits and Other Legal Actions
 A December 18, 2023 Reuters article reported that at least six companies have
change...

Impact on DEI Programs and Takeaways

33
OVERVIEW
 “It’s a very odd place to be, to be in corporate America and
trying to do something that they think is the r...

34
Review of DEI Policies – General
 Review DEI policies to assure that they align with company values
 Review DEI goals...

35
Review of DEI Policies – Legal
Permissible Actions
 DEI training (compliant with state law)
 Creation of a structured...

36
Future Legal Developments
 This is a rapidly evolving area of the law
 Companies should monitor developments in this ...

Thank You!

38
For more information, and to get on the mailing list for
Parsons’ free employment law email updates, contact:
Christina...

Share Slideshare

LinkedIn
Facebook
Twitter

Embed

Size (px)

Show related Slideshows at end

WordPress Shortcode

Link

Share
Email

2024 Trend Updates: What Really Wor... by Search Engine Jou... 1044477 views
Storytelling For The Web: Integrate... by Chiara Aliotta 957527 views
Artificial Intelligence, Data and C... by OECD Directorate ... 884355 views
How to Leverage AI to Boost Employe... by SocialHRCamp 372649 views
2024 State of Marketing Report – by... by Marius Sescu 211589 views
Everything You Need To Know About C... by Expeed Software 230847 views

View on Slideshare

1 of 38 Ad

View on Slideshare

1 of 38 Ad