Morgan Lewis

Workplace Culture Consulting & Training

Primary contacts

Grace E. Speights, Sharon Perley Masling, Larry L. Turner, Louise Skinner, Terry D. Johnson, Ami N. Wynne, Jocelyn R. Cuttino, Anne E. Martinez

We are in a pivotal time of change in the world. A time when racial injustice has seared the global conscience. When stories of #MeToo continue to reframe our understanding of sexual and other forms of harassment. And when instances of hate and hostility seem to impact the very ways we live and work together.

These struggles permeate every facet of society, and how an employer chooses to respond can define its workplace and public image—positively or negatively. Employees are increasingly raising their voices about critical racial, ethnic, and social justice issues, making these important, but challenging, times for employers that wish to mobilize to answer the call.

Morgan Lewis’s workplace culture consulting and training practice helps employers rise to these challenges, shaping them into opportunities that honor business imperatives while valuing diversity, equity, and inclusion (DEI) and meeting the demands of employees, clients and customers, boards, investors, and the public.

Our workplace culture services are curated for each client’s unique needs. We build on the foundation a client has created, serving to amplify and actualize those aspirations. We develop holistic diversity initiatives, antiharassment approaches, and general workplace policies; conduct investigations and defend claims, including reverse discrimination claims; partner with labor economists to conduct demographic data analyses; and provide guidance on workplace training issues.

Our team encompasses diverse talent—including along racial, gender, ethnic, sexual orientation, disability, and age lines—and we have varied backgrounds as litigators, former government officials, and professional trainers.

Whether the journey is just beginning or it has been years on the path, our team is a trusted guide leading our clients ever upward to their ideal workplace.

Investigations

  • Investigate allegations of discrimination, harassment, retaliation, bullying, and other alleged workplace misconduct and present investigative findings regarding those allegations
  • Conduct independent investigations of allegations on behalf of companies or special committees as appointed by boards of directors
  • Leverage investigation results to inform broader DEI and workplace culture efforts

Workplace Training

We offer highly interactive eLearning, webinar, and classroom-based workplace training programs that translate business and legal standards into timely, practical compliance guidelines. Led by knowledgeable lawyers and dynamic trainers, our programs provide critical information and skills to employees, human resource professionals, managers, executives, and board members.

Our courses cover a broad range of workplace topics: legal and corporate compliance; management and human resources skills; and avoidance of undesirable workplace behavior and strategies to address missteps. Representative programs include:

  • Preventing employment discrimination and harassment
  • Implicit/unconscious bias
  • Micro-aggressions and micro-messages
  • Racial equity
  • Safely empowering bystanders
  • Creating a culture of respect
  • Effective communication skills that advance a diverse and inclusive workplace
  • Conducting effective and legally compliant investigations
  • Office of Federal Contract Compliance Program (OFCCP) compliance issues, including goal setting, labor-market availability data, recordkeeping, desk audits, compliance reviews, and other legal and practical issues

Cultural Assessments

  • Review and provide recommendations for improving discrimination, harassment, codes of conduct, and respectful workplace policies
  • Establish procedures for reporting and investigating complaints and imposing corrective actions
  • Conduct in-depth qualitative and quantitative workplace culture assessments utilizing focus groups, individual interviews, targeted surveys, and other customized strategies
  • Identify risks; establish benchmarks for tracking progress; and develop concrete solutions to create inclusive workplaces, mitigate the possibility of litigation, and preserve reputation and brand

Data Review & Audits

  • Review recruiting and promotion systems, including analyses of demographic data, applicant pools, and pay equity
  • Develop policies and procedures to encourage voluntary self-identification of personal demographics
  • Counsel on disclosure of demographic data internally and externally
  • Advise on setting realistic diversity targets based on an analysis of existing workforce demographics and a realistic assessment of the number of new opportunities that will exist based on turnover and hiring rates and anticipated growth
  • Conduct privileged analysis of pay data and offer recommendations on how to rectify any pay disparities
  • Consult on affirmative action obligations, compliance standards, and procedures
  • Provide insights on OFCCP compliance issues such as applicant-tracking requirements, risk assessments, facility exemptions, and defense of clients in OFCCP audits

Strategic DEI Consulting

  • Counsel boards of directors and high-level executives on their responsibilities in connection with providing a safe, diverse, equitable, inclusive, respectful, and misconduct-free workplace during their onboarding or annual retreats, or as soon as practically possible
  • Develop strategic plans to increase recruitment, retention, and promotion of underrepresented groups throughout all levels of the workplace
  • Establish or reboot structures to achieve DEI progress, including employee-driven Diversity Champion Teams and affinity groups
  • Provide curated solutions that foster a culture of safety and respect
  • Ensure compliance with the law and a passionate commitment to finding new, creative, and results-oriented initiatives

Related Areas of Service

  • Corporate Ethics & Compliance
  • Employment Counseling
  • ESG & Sustainability Advisory
  • Individual Employee Litigation & Arbitration
  • Systemic Employment Litigation
  • Whistleblowing & Retaliation
  • Workplace Government Relations and Regulation
  • Workplace Harassment Crisis Capabilities

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