The Concept
Question:
”What laws are (most) relevant to DEI?”
Answer:
Employment Non-Discrimination, Contract Non-Discrimination & Equal Protection Laws (both federal & state)
Key Resources
From “The Law of Diversity, Equity, and Inclusion”
by Christina Joseph and David Glasgow, Advancing DEI Initiative, the Metzger Center for Diversity, Inclusion and Belonging, NYU School of Law
More Details
“Because DEI is an umbrella term, a wide variety of laws can affect DEI practices… The most common laws invoked in anti-DEI lawsuits are [Employment Non-Discrimination, Title VII of the Civil Rights Act of 1964; Contracts Non-Discrimination, Section 1981 of the US Code; and the Equal Protection Clause of the U.S. Constitution]…”
“Most anti-DEI lawsuits argue that a specific DEI policy or practice violates one or more of the above laws, usually because it allegedly harms members of historically dominant or majority groups.”
Employment Non-Discrimination
Title VII of the Civil Rights Act of 1964 (“Title VII”). This law prohibits employment discrimination on the basis of race, color, religion, sex (including sexual orientation and gender identity), and national origin.
Contracts Non-Discrimination
42 U.S. Code §1981 (“Section 1981”). This law prohibits race discrimination in the making and enforcement of contracts, including (but not limited to) employment contracts.
Equal Protection
The Equal Protection Clause of the U.S. Constitution. This constitutional provision states that “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
Further Reading
From the Sources
From “The Law of Diversity, Equity, and Inclusion”
by Christina Joseph and David Glasgow, Advancing DEI Initiative, the Metzger Center for Diversity, Inclusion and Belonging, NYU School of Law
