The Concept
“The Legal DEI Project is an educational initiative spearheaded by law professors with expertise in employment discrimination law.”
The Project
“The Legal DEI Project” at Loyola Marymount University Law School
Explore the Project at Loyola Marymount University Law School
Key Points
What Employers Can Do
“It is legal for employers to have an interest in diversity and equal opportunity, and to take measures to advance that goal. This helps ensure compliance with nondiscrimination laws.
Some common measures that are low risk include: adopting broad recruitment strategies; structuring interview processes to reduce bias; providing quality, research-based training on nondiscrimination and harassment; building strong mentoring and support programs open to all employees; and creating offices or positions focused on expanding access and inclusion.”
Risks employers face by eliminating their diversity efforts
“Companies that dismantle their nondiscrimination or diversity initiatives in response to the current Administration's policy priorities run the risk of violating state and federal law. Without any efforts to protect against discrimination, biased employment decisions are likely to occur. Private suits brought by employees far outnumber those brought by the government.”
Further Reading
Read the full FAQ from the source
Legal DEI Project from Loyola Marymount University
“The Legal DEI Project is an educational initiative spearheaded by law professors with expertise in employment discrimination law… [i]ts goal is to provide clear, accessible information about what the law requires and permits companies to do to ensure fair, nondiscriminatory workplaces.”
EEOC Answers Questions About What Constitutes Illegal DEI Programs from Ogletree Deakins
"The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace [...] In a Q&A format, the EEOC stated that an employer's DEI policy, program, or practice may be unlawful under Title VII if it involves 'taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.' [...] Affinity groups, sometimes called employee resource groups, may be problematic, according to these EEOC guides, if they are not open to everyone or limit terms and conditions of employment to only certain members with certain protected characteristics."
