The conversation around diversity, equity, and inclusion (DEI) strategies, programs, and policies continues to evolve, both in the United States and around the globe. Organizations are now weighing consumer, supplier, employee, board, and/or shareholder demands for more inclusive practices against the potential threat of litigation following the US Supreme Court’s decision that race-conscious admissions policies violate the Equal Protection Clause. DEI practices continue to be closely linked to environmental, social, and governance (ESG) factors as these businesses strive for long-term sustainability and success.
Our DEI Task Force—an interdisciplinary team of more than 50 lawyers from our labor and employment, workplace culture consulting & training, crisis management, appellate, tax-exempt organizations, white collar litigation and government investigations and ESG and sustainability advisory practices—provides customized counseling on DEI and ESG considerations and objectives. In the wake of Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, global employers, Fortune 100 companies, philanthropic foundations, and their boards of directors, turn to Morgan Lewis to help balance their concerns and move forward to pursue their DEI and ESG objectives.
We counsel on the full spectrum of employment-related practices such as recruiting, hiring, retention, pay equity, and promotion. Our lawyers also advise organizations on their other diversity-related activities, as they enter into contracts with third-party suppliers and other vendors, consider corporate philanthropy and grantmaking, and develop financial investment strategies.
We also counsel on and defend our clients’ DEI programs. We represent our clients in Title VII and Section 1981 lawsuits challenging their DEI and racial equity programs in state and federal trial and appellate courts, whether they arise in employment litigation, shareholder derivative suits, or otherwise.
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As part of our DEI Task Force, our trusted advisors handle a wide array of matters involving DEI and ESG, whether organizations seek a proactive approach or responsive solutions.