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Implementing Metrics-Based DEI Programs Post-SFFA: Navigating an Evolving Regulatory Landscape, Meeting Company Goals

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, June 5, 2024

Recorded event now available

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This CLE webinar will provide a road map for employment law attorneys and in-house counsel on how to best create and implement diversity, equity, and inclusion (DEI) programs in light of the U.S. Supreme Court's recent Students for Fair Admissions decision and the political firestorm that ensued. The panel will discuss how to create a program that aligns with the company's values and goals while incorporating compliance metrics within the scope of EEOC guidance and emerging state and federal rules.


Corporate DEI programs have been in the political crosshairs following the U.S. Supreme Court's Students for Fair Admissions Inc. v. President & Fellows of Harvard College (2023) (SFFA). Even though the decision did not apply to private employers' DEI initiatives directly, these initiatives will continue to be challenged moving forward. Yet, despite the controversy, many employers interested in developing a more diverse and equitable workforce continue to rely on DEI programs to help them achieve that goal.

There is no "one size" fits all DEI policy. Rather, today's DEI programs incorporate key strategic principles that are based on data-driven emerging research. Businesses must first assess where they currently stand so they can set realistic intentions for future goals and outcomes.

Once goals are set, the employer can develop a customized agile DEI framework that strives toward balancing a business' core values, labor market trends, employee demographic data, evolving industry standards, and emerging legal compliance rules that not only meet today's marketplace demands but also keep pace with the future of the workplace.

DEI programs and policies must be carefully crafted to comply with evolving federal and state employment laws and be coupled with actionable and measurable goals with an eye toward accountability and transparency.

Listen as our expert panel discusses how to implement a legally compliant metrics-based DEI program, taking into account the ever-evolving regulatory landscape while meeting the company's goals and workforce needs.



  1. Current status of DEI
    1. Students for Fair Admissions
    2. Evolving state legislation
  2. DEI initial internal assessment
  3. DEI goal setting
    1. Defining outcomes with timelines
    2. Measuring progress
    3. Accountable parties
  4. DEI framework
    1. Using emerging research and data to build DEI initiatives
    2. Key components of an effective DEI policy
    3. Taking into account future company growth
    4. Mitigating litigation risks
  5. Practitioner takeaways


The panel will discuss these and other key topics:

  • What effect may SFFA and the current political climate, including evolving state legislation, have on DEI program development? What considerations should counsel and their clients keep in mind when developing a compliant DEI program?
  • When developing a DEI program, how should companies identify the issues related to DEI imbalances that need to be addressed?
  • What data-driven metrics should employers use for establishing and measuring the effect of DEI programs?
  • How will the development of a DEI program affect other internal processes such as recruiting, retention, and leadership advancement?


Jackman, Jennifer
Jennifer Jackman

Ice Miller

Ms. Jackman is an experienced counselor to employers on all aspects of employment from hiring to discharge, including...  |  Read More

Siler-Nixon, Dawn
Dawn Siler-Nixon


Ms. Siler-Nixon has spent two decades partnering with her clients to help guide and direct their employment decisions...  |  Read More

Rogers, Punam
Punam Singh Rogers

Partner; Co-Chair Diversity, Equity & Inclusion Practice Group
Constangy Brooks Smith & Prophete

Ms. Rogers partners with employers—both large and small—to review, develop, and implement diversity, equity...  |  Read More

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