Corporate DEI Programs: Why Companies Should Review – But Not Abandon – DEI Programs in Light of Supreme Court Decision

10 minute read | September.29.2023

The Supreme Court’s decision striking down race-conscious college admissions programs has increased scrutiny of corporate diversity, equity and inclusion (DEI) programs in the form of “reverse discrimination” lawsuits, activist shareholder demands and open letters from elected officials.

But companies committed to DEI need not abandon their programs altogether.  Instead, they should engage in a careful review of DEI programs to ensure legal compliance while continuing to advance DEI goals, Orrick’s Erin Connell and Alexandria Elliot say in Law360.

In the article, they encourage companies to consider:

  • Reviewing data and documents, including contracts and external reports and statements.
  • Interviewing human resources teams, recruiters and hiring managers.
  • Developing a plan to mitigate legal risk and ensure compliance.