A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that his allegations, if true, plausibly suggest unlawful bias. Continue reading
Employers striving to enhance diversity, equity, and inclusion (DEI) have faced stiff headwinds recently from the federal government. The EEOC’s latest release, “What You Should Know About DEI-Related Discrimination at Work,” is more about what employers can’t do than what they can to promote DEI.
Underscoring the importance of caution, the EEOC has reminded employers that race, sex, or ethnicity-based preferences in DEI programs risk violating anti-discrimination laws. These announcements specifically warn against quotas, explicit racial or gender preferences, and any programs that could create perceived or real discriminatory outcomes.
The guidance aims to “help employers take action to avoid unlawful DEI-related discrimination,” noted EEOC Acting Chair Andrea Lucas.
But are there lawful actions employers can take to promote diversity, equity, and inclusion principles?
Yes. Ms. Lucas herself provided eleven solutions last year on an episode of Cozen O’Connor’s Employment Law Now podcast, hosted by Michael Schmidt. You can listen to them starting at 31:33 in the recording. Additionally, I’ve summarized them below. Continue reading
And Kendrick Lamar and Drake may co-host a TED Talk on conflict resolution, the Dallas Cowboys may win the Super Bowl next year, and a job applicant may answer the “What’s your biggest weakness?” question honestly.
Let’s talk about why training on diversity, equity, and inclusion (DEI) is unlikely to lead to a viable hostile work environment claim. Continue reading
For several weeks, employment law and HR professionals have been hearing about the term “illegal DEI.” But what did “illegal DEI” actually mean—especially to the U.S. Equal Employment Opportunity Commission (EEOC), the federal discrimination watchdog? Until recently, that was anyone’s guess.
That changed yesterday when the EEOC issued guidance clarifying when DEI initiatives might cross the line into unlawful discrimination under Title VII of the Civil Rights Act of 1964. The Guidance is a technical assistance document released without an EEOC quorum. So, it’s not a rule or a law. Still, here’s what employers need to know about it.
Despite two deciding judges expressing support for DEI, the Fourth Circuit unanimously ruled on Friday that two Executive Orders issued by President Trump, which seek to eliminate diversity, equity, and inclusion (DEI) initiatives from federal grant and contract processes, will remain in effect while legal challenges proceed. The Executive Orders claim that DEI programs promote race- and sex-based preferences that contradict American values of merit and hard work. Continue reading
Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would countenance the claims of a white employee offended about discussions and initiatives focused on antiracism and racial justice.
Conversely, a recent decision from the Sixth Circuit Court of Appeals serves as a lesson for employers on unlawful racial harassment, retaliation, and HR missteps.
About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. Continue reading
Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from applying for a summer internship because of diversity-focused hiring criteria was giving me “illegal DEI” vibes.
The catch? Even if everything she claimed was true, the court never actually ruled on whether the hiring policy was legal or not. Here’s why.
The Lawsuit That Never Got Off the Ground
In a recent employment discrimination case, the plaintiff, a Black employee, claimed his termination following a workplace investigation into complaints about his conduct at work, was racially motivated. The employer tried to dismiss the case, but failed. Find out why and I’ll throw in a few takeaways about the importance of conducting fair and unbiased workplace investigations. Continue reading
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