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In mid-2023, the US Supreme Court made it unlawful for universities and colleges to consider a college applicant’s race in college admissions decisions designed to achieve the objective of a more diverse student body. Although the decision does not address corporate diversity, equity, and inclusion (DEI) efforts in the workplace, the upshot of the Court’s ruling could have implications for such requirements, including the Equal Employment Opportunity Commission (EEOC). The Supreme Court’s decision is likely to result in increased litigation over corporate race-conscious programs under workplace antidiscrimination laws, including under Title VII.
The EEOC regulates private employers seeking to create a Title VII-compliant affirmative action plan. To be lawful, the plan or program must be written, dated and include: 1) a reasonable self-analysis of the employer’s relevant employment practices; 2) a reasonable basis to conclude that an employment practice has or will adversely affect a group previously denied or limited employment or promotional opportunities, fail to correct prior discrimination, or result in disparate treatment; and 3) a narrowly tailored and reasonable action to address the problem identified.
Given the specificity of these requirements, many DEI initiatives may not currently meet the EEOC’s guidelines. Therefore, DEI initiatives that favor a particular race or gender or treat race or gender as a “plus” factor in employment decisions come with legal risk. This need not be a death knell for efforts to combat historic discrimination or inequality outside of formal affirmative action plans, but employers should be cautious when structuring and documenting such efforts moving forward.
Webinar Agenda
Although corporate diversity recruitment efforts can focus on underrepresented minority groups or implement policies to increase diverse applicants in the hiring pool workplace antidiscrimination laws prohibit the use of quotas or preferences for applicants of a certain race or gender.
Who Should Attend
Date | Conferences | Duration | Price | |
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Apr 02, 2024 | 2024 New E-Verify Program! How Will NextGen Impact Completing the I-9 Form? | 90 Mins | $199.00 | |
Mar 01, 2024 | The DOL Is Increasing The Overtime Threshold In 2024. How Will This Impact Employers And Employees? | 90 Mins | $199.00 | |
Apr 12, 2022 | If It Isn't Written, It Didn't Happen! How Can Employers Create Litigation Proof Decisions! | 90 Mins | $199.00 | |
Feb 22, 2022 | EEOC Issues New Guidance on Religious and Pregnancy Vaccine Accommodations! | 90 Mins | $199.00 | |
Feb 11, 2021 | The Dos and Don'ts of Poster Compliance. Is Your Company in Compliance with the 2020-2021 Poster Requirements? | 90 Mins | $199.00 | |
Jan 07, 2021 | Regulatory Changes under The New Administration in 2021 and Beyond! | 90 Mins | $199.00 | |
Oct 06, 2020 | New FMLA Forms with FFCRA Guidelines as Per DOL! | 90 Mins | $199.00 |