—   Arab American History Month   —

April 24, 2024

Understanding DEI After SFFA and Muldrow: Updates on the Evolving Legal Landscape

Last week, the US Supreme Court handed down another decision that has implications for both discrimination claims and DEI initiatives. The Meltzer Center for Diversity, Inclusion, and Belonging at NYU provided LCLD with the below assessment: 

“By eliminating any need to prove a ‘significant,’ ‘serious,’ ‘material,’ or ‘substantial’ harm, the Court has likely made it easier to succeed in a discrimination claim. This is a double-edged sword: it may become a bit easier to challenge some DEI programs, but it will also be a bit easier to bring traditional discrimination claims on behalf of marginalized group members.”

You can read the Muldrow v. City of St. Louis decision here, and find more background on the case here.

To learn more about how these changes may affect your organization, join LCLD on Thursday, June 27, at 1:00 pm ET for a webinar with Kenji Yoshino and David Glasgow on the evolving legal landscape for DEI.

On the Need for Equity in America

What Researchers Discovered When They Sent 80,000 Fake Resumes to US Jobs

HIRING   In the largest study of its kind in the US, researchers sent fake job applications to over 100 Fortune 500 companies, revealing varying levels of discrimination against presumed Black applicants. The study also highlighted the significant impact of HR practices in reducing bias.  The New York Times

Mark Cuban Claps Back at DEI Critics Again, Says It Helps Drive His Profits

METRICS & DATA   “I own or invest in hundreds of companies. I know DEI is a positive because I see its impact on bottom lines,” said Mark Cuban in a series of tweets on X. “Every single person on Twitter could disagree with me. I would still follow the results I see in my portfolio.”  Inc.

DEI Support & Strategy

Supreme Court Makes It Easier to File Workplace Discrimination Claims

DEI STRATEGY  Under the new “some harm” standard set by the court, employment attorneys predict a surge of discrimination claims, including challenges to certain DEI programs. “Does this mean the end of [DEI]? I don’t think so,” said Alyesha Asghar, an attorney with Littler Mendelson and the co-chair of the firm’s practice group for equal employment opportunity and diversity.  The Washington Post

What Needs to Change about DEI — and What Doesn’t

DEI STRATEGY   For leaders and organizations rethinking their diversity, equity, and inclusion efforts, DEI strategist and consultant Lily Zheng offers three strategies that need to change and three that need to stick around.  Harvard Business Review

Assessing the Legality of DEI Programs

DEI STRATEGY   Attorneys at Dorsey & Whitney examine cases before and after the SFFA decision and offer pointer questions for employers to consider when evaluating the legal compliance of their DEI practices.  New York Law Journal

How to Create Inclusion and Belonging, According to a First-Generation Harvard Expert

DEI STRATEGY   Gorick Ng, a career advisor at Harvard University who specializes in supporting individuals from underrepresented backgrounds, shares tips on how to foster inclusion for first-generation Americans. “First-generation professionals don’t just need a social group; they need a resource group.”  Forbes

LCLD Leads on DEI

Fortune 100 Best Companies to Work For

INCLUSIVE CULTURE  Cisco, Synchrony Financial, Accenture, Comcast, Deloitte, Capital One, Orrick, and Alston & Bird were recognized among the top twenty organizations in Fortune’s 2024 Best Companies to Work For list, reflecting their dedication to DEI initiatives and strong employee trust in management.  Fortune

Fewer S&P 500 Companies Drop Chairman Title as Anti-DEI Backlash Grows

INCLUSIVE CULTURE   Apple, Microsoft, Amazon, Meta, Bank of America, and Wells Fargo are among the growing minority of S&P 500 companies who have adopted gender-neutral titles such as “chair,” though the rate of change is slowing amid anti-DEI backlash.  Bloomberg Businessweek

Innovations in Diversity and Inclusion Winner, Law Firm: Baker McKenzie

EDUCATION & TRAINING   Baker McKenzie was recognized for its efforts to foster a more inclusive legal profession through its summer internship program at the 2024 LegalWeek Leaders in Tech Law Awards.  LegalTech News

Leading for Tomorrow

GCs and C-Suites See Vastly Different Legal Challenges Looming

SYSTEMS & PROCESSES   “For GCs looking to position their law department to meet future enterprise needs, this means that issues such as ESG and the movement of millennials into corporate leadership roles will likely be weighing just as heavily on the minds of business leaders as Gen AI.”  Corporate Counsel

Leading the 6-Generation Workforce

INCLUSIVE LEADERSHIP   For the first time in history, today’s workforce spans six generations. Here’s how leaders can foster healthy 6G organizations and cultivate intergenerational inclusion.  Harvard Business Review

for LCLD Members & Diversity Professionals

JUNE 26 @ 2:00 PM ET  |  LCLD Community  |  virtual

Language of Leadership with Mike Hankinson

Join LCLD for a candid conversation with Mike Hankinson, Executive Vice President & Chief Legal & Compliance Officer at Delta Dental.

In this installment of LCLD President Robert Grey’s webinar series, Robert and Mike will discuss how leaders can use their personal commitments to DEI to drive change. Q&A to follow.

JUNE 27 @ 1:00 PM ET  |  LCLD Members & Diversity Professionals  |  virtual

Leaders at the Front: Better Than Before: A Mid-Year Update

This customized, interactive webinar series will explore the evolving legal landscape for workplace DEI initiatives.

We invite LCLD Members and their DEI advisors to join Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at NYU School of Law, and David Glasgow, Executive Director of the NYU Meltzer Center for Diversity, Inclusion, and Belonging, for an analysis of the state of DEI work one year after the Supreme Court’s affirmative action decision.

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