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DEI & Affirmative Action – A Challenge with Consequences

In the wake of the Supreme Court’s recent affirmative action rulings, the landscape for diversity, equity, and inclusion (DEI) initiatives has shifted, presenting significant and sometimes seemingly insurmountable challenges for businesses.

In their webinar, “DEI & Affirmative Action – A Challenge with Consequences,” Member and ESG Co-chair Jen Rubin and Associate Nikki Rivers offered practical solutions for navigating these rulings, which are specifically geared toward in-house counsel and HR professionals.

They began by discussing the implications of recent cases, noting that despite the legal challenges, DEI initiatives remain essential for companies of all sizes and industries. 

Jen and Nikki underscored the importance of DEI, highlighting key areas of focus for companies such as compliance with anti-discrimination laws, workforce needs, and how investing in people leads businesses to success. Additionally, they touched on the impact of DEI on profitability, company culture, and fulfilling customer and stakeholder expectations, especially for public companies.

Through a series of real-world scenarios exploring hot button topics, they provided strategies for adapting to the shifting DEI landscape after soliciting feedback from participants using anonymous live polling. The first scenario offered guidance on implementing safe spaces and affinity groups within organizations, while the second focused on conducting DEI training in a way that maximizes its effectiveness and minimizes potential controversy.

In the third scenario, they shared insights into best practices for targeted recruiting, providing key considerations from an employer’s perspective. The webinar concluded with a fourth scenario that addressed how to manage media responses to DEI challenges, emphasizing the importance of understanding the risks to the business and its mission and being fully prepared to defend DEI initiatives in the face of legal scrutiny. 

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Authors

Jennifer B. Rubin is a Mintz Member who advises clients on employment issues like wage and hour compliance. Her clients range from start-ups to Fortune 50 companies and business executives in the technology, financial services, publishing, professional services, and health care industries.
Mintz attorney Nicole M. Rivers defends employers in employment litigation and labor matters and advises on employment best practices. She handles cases involving claims of wage and hour violations, harassment, retaliation, discrimination, breach of employment agreements, FMLA violations, and violations of California's Private Attorneys General Act (PAGA), Family Rights Act (CFRA), and Fair Employment and Housing Act (FEHA).