DEI Strategy, Programs and Defense

Companies, boards, and investors are facing increased pressure from legislatures, regulators, shareholders, employees, and activists related to their diversity, equity, and inclusion (DEI) programs and commitments. Companies are caught in the crosshairs trying to meet stakeholder demands to achieve corporate DEI commitments while navigating sometimes conflicting laws and trying to avoid the growing challenges to their DEI programs. These risks have only intensified since the U.S. Supreme Court’s decisions effectively ended affirmative action for college admissions.

Our DEI Strategy + Defense Task Force offers a unique, multidisciplinary and multijurisdictional approach to help our clients successfully navigate these challenges and risks. Our team collaborates across practice areas and industries to provide practical, proactive compliance and risk mitigation strategies to help clients see around corners and achieve their DEI objectives and goals. If disputes arise, we have decades of experience defending high-stakes litigation and government enforcement actions alleging discrimination, harassment, and retaliation, as well as challenges to corporate DEI programs and commitments, with an eye toward mitigating the legal, reputational, and business risks associated with such claims.

Our team collaborates to offer a holistic and unique approach to our clients. The members include preeminent white-collar and civil rights litigators; employment lawyers with specialized experience in DEI and affirmative action planning; leaders of the firm’s Compliance and Environmental, Social, and Governance (ESG) + Sustainability practices; pioneers in social enterprise and impact investing; corporate governance and public company lawyers; class action and shareholder derivative litigators; data privacy and cybersecurity market leaders; accomplished appellate lawyers, some of whom have previously served as U.S. Supreme Court clerks; and our Chief Diversity and Inclusion Officer, who serves as a leading strategist for implementing corporate DEI programs.

Litigation Defense

Companies are facing increased attacks on their DEI programs from regulators, plaintiffs, and activists. Our experienced team has successfully defended companies and boards in high-stakes and class action challenges against DEI programs and commitments, and discrimination and harassment (#MeToo) claims. We have extensive experience defending many types of litigation, including:

High-stakes lawsuits alleging harassment and discrimination, including reverse discrimination claims;
Government investigations and litigation, including actions pursued by the U.S. Department of Justice, the Equal Employment Opportunity Commission, the U.S. Department of Labor, and similar state agencies and state attorneys general; and
Shareholder derivative class actions.

Investigations and Crisis Management

A growing number of companies are facing toxic workplace and culture claims stemming from alleged systemic harassment and discrimination issues. We have significant experience handling these and other sensitive and high-stakes investigations, including:

Workplace culture investigations (#MeToo, discrimination, harassment, retaliation);
Tailored communications strategies in coordination with public relations;
Mitigating reputational harm to brand and bottom-line; and
Reporting procedures to ensure a “speak-up” culture and address whistleblower complaints.

Proactive Audits and Assessments of DEI Practices

We routinely help companies develop, plan, and execute attorney-client privileged audits and assessments of their DEI and affirmative action programs and commitments. We can help companies identify potential risks and develop bespoke mitigation strategies, including:

Civil rights audits and corporate culture reviews;
DEI program risk assessments;
Pay equity audits;
Voluntary and mandatory affirmative action plan development and reviews; and
Risk assessments and audits of employment tests and the use of artificial intelligence in employment selection/recruiting.

DEI Strategy and Compliance

We advise companies, boards, and investors on a full spectrum of DEI‑related issues, including:

Compliance strategies for navigating the patchwork of federal and state anti-discrimination, pay equity/transparency, and DEI-related laws;
Pay equity strategies and compliance;
Collection and management of employee demographic data in support of DEI initiatives;
DEI, equal employment opportunities, and anti-harassment training;
ESG/DEI reporting;
Risk mitigation for activist shareholder DEI proposals;
M&A due diligence; and
Compliance with privacy and data protection laws when collecting, storing, and disclosing demographic information.