Avoiding Potential Legal Pitfalls in DEI Programs

Businesses’ efforts to foster dignity and equality among their workforce and, more generally, in the culture are landing on the radar of risk management specialists.  Indeed, an article from Risk Management Magazine this past fall lays out the legal risks companies face with DEI programs and offers tips on mitigating those risks.  Among the tips provided are the avoidance of “specific quotas, stated preferences or providing a ‘plus’ factor based on protected characteristics” and hiring and promoting “based on consistent and legitimate job-related criteria.”

The article makes clear that business and organizations need to be on alert for the legal traps they fall into if they are not careful with how they seek to promote the dignity and equality of their workers.  Even well-intentioned programs could land a company in legal hot water.

ADVANTAGE DES - CONOR DUGAN

Conor Dugan is a partner with SouthBank Legal in its Grand Rapids, Michigan office.  Conor has a national litigation and counseling practice.  Before entering private practice, he spent nearly seven years with the Department of Justice in its Civil Rights Division. Conor has led Title IX Investigations, advised on the applicability and ramifications of FERPA, Title IX, and federal and state discrimination law, and offered crisis counseling to educational institutions.
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