Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal risks associated with their Diversity Equity & Inclusion (DEI) programs. Further, as anticipated, the American Alliance for Equal Rights has sued a minority-focused venture capital fund and multiple national law firms for purportedly unlawful racial discrimination stemming from their DEI initiatives. These developments have left many employers asking what this all means for their DEI programs.

The Bottom Line

To this end, the FH DEIA Taskforce has developed a unique menu of services to shore up employers’ DEI communications, policies and programs, the key element of which is an in-depth assessment of employers’ overall diversity initiatives. In addition, the FH DEIA Taskforce has collaborated with premier statistical experts to assist in implementing an analytical approach to the development and implementation of voluntary diversity goals, cultural climate surveys, privileged pay equity analyses, and other proven strategies. The Taskforce will also provide customized leadership training and development focused on best practices for communicating DEI initiatives and responding to questions from employees and other stakeholders.