- Increased Regulation & Litigation – Given today’s DEI climate, businesses will likely require legal counsel to help evaluate and mitigate any potential risks associated with well- intentioned DEI programs or initiatives.
DEI programs are not illegal per se; Title VII has long prohibited policies creating a disparate impact based on race, gender or other protected characteristics.
A legal team focused on helping clients navigate the current DEI climate is a critical corporate tool for 2024.
- Greater Enforcement of Existing Laws – In 2024, a full range of private employers is likely to be subject to greater scrutiny under laws affecting the employment relationship, including gender pay gaps, discrimination, and disability inclusion.
This may increase litigation risks as well as opportunities to revamp systems which may ultimately benefit the employer, employees, and clients.
- Expanding Race & Ethnicity Categories – The White House announced in early 2023 proposed revisions of standards for collecting and reporting race and ethnicity data across Federal agencies. An initial proposal includes adding a response category for Middle Eastern and North African, separate and distinct from the “White” category.
Proposed changes are likely to affect EEOC reporting, as well as related DEI programming, in 2024.
- Increase in AI, Tech & Data Use – As AI, technology, and data continue to garner strength, there may be hidden dangers in using information not vetted for bias.
The World Economic Forum: Four ways AI can be made more inclusive:
Diversity
Transparency
Education
Advocacy
- Focus on Systemic Changes – Analytics can advance DEI given they offer a holistic view of the systems involved and capture opportunities for change.
“Measuring your diversity initiatives helps to put form, shape, meaning, value, accountability, follow-through, and forward progress into your diversity efforts.”
--Minority Corporate Counsel Association
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Greenberg Traurig’s Diversity Initiative
From its inception, Greenberg Traurig has been committed to diversity, equity, and inclusion in the workplace. Greenberg Traurig is a uniquely empowering and diverse firm built on a foundation of fairness, equality, and authenticity. Through its Social, Racial, and Economic Justice Action Plan, the firm has committed $5 million over five years to help combat systemic racism and support impoverished communities. In addition, the firm’s efforts have been recognized through its Mansfield Rule 6.0 Certification Plus, administered by The Diversity Lab, and by local, national, and global publications and organizations including Chambers and Partners.
Labor & Employment | Diversity, Equity & Inclusion
Our practice includes a diverse team of lawyers who concentrate in employment counseling and the development and implementation of legally compliant Diversity, Equity, and Inclusion (DEI) programs that help foster positive employee relations. Such programs have included the development and use of innovative operating guides and job-aides; industry tailored dynamic trainings to each organizational level; employment compliance audits and employee engagement sessions with an emphasis on DEI. Our pragmatic approach to strengthening DEI focuses on helping clients to ensure transparency, objectivity, and consistency around pay, advancement, conduct, and performance standards and leadership and management that is inclusive in tone, bold in action, yet objective and legitimate in every decision-making process. Moreover, due to the heightened awareness of claims occasioned by recent public movements, we have the experience and track record to handle highly sensitive internal complaints and investigations, and to defend employment related claims of virtually any type, from routine single-plaintiff matters to high‐stakes systemic actions in virtually any jurisdiction, court, or arbitration forum, and/or government agency.