New EEOC Guidance on Employer DEI Initiatives: Prohibited Conduct, Limited Defenses, Policy Review and Development
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will examine the two guidance documents recently released by the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) (collectively, the agencies) providing insight into what the agencies now consider to be illegal DEI-activity by employers under Title VII. The panel will provide examples of prohibited activity and offer best practices for helping employers navigate this change in agency stance by reviewing and revising company policies and initiatives, including DEI programs, to be in the best position to mitigate the risk of possible discrimination claims.
Outline
- Introduction
- Brief history of DEI
- Background on current administration's DEI stance
- EEOC guidance
- Purpose
- Title VII
- Conduct that may constitute "illegal DEI" practices
- No "business necessity" exception or "contributing factor" defense
- Hostile work environment claims
- Retaliation and "protected activity"
- Enforcement
- Employer impact
- FCA enforcement
- Policy evaluation and development
- Training
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What employer activities are now considered discriminatory and in violation of Title VII as described in the guidance?
- How does this differ from the agencies' prior stance?
- Is it possible for employers to have any DEI initiatives in place?
- What are best practices for reviewing and developing policies, including current DEI initiatives, to mitigate the risk of enforcement action?
Faculty
Gabrielle Levin
Partner, Co-leader of Employment Litigation & Counseling
Mayer Brown
Ms. Levin offers corporate clients extensive experience in employment and complex commercial litigation matters. Her... | Read More
Ms. Levin offers corporate clients extensive experience in employment and complex commercial litigation matters. Her experience spans nearly two decades. Ms. Levine defends employers in Sarbanes-Oxley and other whistleblower protection litigation, discrimination and retaliation claims, executive compensation disputes, restrictive covenant and trade secret litigation, and wage and hour class actions. She has first-chaired jury trials in federal court and led the defense of employers in arbitrations. Ms. Levin also has significant experience representing public companies in class actions.
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Savanna L. Shuntich
Special Counsel
Wiley Rein
Ms. Shuntich has an expansive employment advice and counsel practice devoted to streamlining compliance with federal,... | Read More
Ms. Shuntich has an expansive employment advice and counsel practice devoted to streamlining compliance with federal, state, and local workplace laws, creating clear employment policies and procedures, and effectively resolving government audits and investigations so that her clients can focus on business objectives. She is also experienced advising employers and coordinating an effective response when a workplace issue has become a crisis imperiling the success of the organization. Ms. Shuntich has represented individuals and companies in all phases of employment litigation, addressing claims of discrimination, retaliation, harassment, wage theft, and breach of contract in the U.S. District Courts and leverages her experience as a litigator to mitigate risk for employers and resolve workplace issues in an efficient manner. Additionally, she counsels clients on policy developments from federal and state administrative agencies, employment-focused federal and state legislation, and significant litigation affecting the workplace.
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