BCLP announces dedicated DEI task force

Corporate diversity, equity and inclusion (DEI) programs are in the legal and political spotlight as they face an increased risk of challenge on a variety of fronts in the wake of the Supreme Court’s recent decision on college admissions affirmative action. A flurry of challenges, including private lawsuits alleging reverse discrimination and state attorney general investigations, along with attention from conservative groups, complicate companies’ efforts to navigate their employment-related DEI programs and supplier diversity initiatives.

BCLP’s newly launched dedicated DEI Task Force helps clients effectively navigate the delicate balance between implementing employment and procurement-related DEI initiatives and avoiding/defending against potential claims associated with those initiatives. The DEI Task Force provides an array of services to assist clients in aligning their DEI programs and communications with their culture and values while mitigating legal risk, including:

• Conducting an audit and providing a risk assessment of current DEI programs and initiatives, both in employment and in supplier and other contracts;
• Advising on implementing legally defensible DEI initiatives;
• Reviewing corporate public filings and other corporate communications regarding diversity issues;
• Providing customized DEI training;
• Advising on Affirmative Action Plans and other Office of Federal Contract Compliance (OFCCP) obligations;
• Defending DEI-related litigation or governmental action; and
• Assisting with pay equity audits.

The DEI Task Force is made up of a multi-disciplinary team of lawyers from BCLP’s Employment & Labor, Securities & Corporate Governance, and Litigation and Dispute Resolution Practice Groups, who together are uniquely positioned to ensure clients are up-to-date and able to respond to the latest developments in this area.

BCLP has also published the following insights to keep its clients up-to-date on the latest developments:

• Defending DEI: Are you ready for a legal challenge to your diversity, equity and inclusion programs?
• What do recent lawsuits in the wake of Supreme Court decisions on affirmative action mean for your disclosures and DEI programs?
• Affirmative action: effects of the ruling and actions to take now