Corporate DEI Initiatives: Why Legal Challenges Increasingly Cite Section 1981 of the Civil Rights Act of 1866

1 minute read | April.22.2024

Legal challenges to corporate DEI initiatives have increased since the U.S. Supreme Court struck down race-conscious college admissions – and a growing number of those challenges invoke a law passed just after the Civil War.

In a new article in Law360, Orrick’s Mike Delikat and Tierra Piens delve into why more private litigants and conservative activist groups have targeted corporate diversity, equity and inclusion programs with employment-related reverse-discrimination claims that cite Section 1981 of the Civil Rights Act of 1866. 

They share seven factors fueling the trend and action items for companies to consider to mitigate legal risks.