Diversity, Equity, and Inclusion: How We Got Here and Where We Are Going
Although there is no common definition of workplace diversity, equity, and inclusion (“DEI”), these programs can generally be characterized as falling into two groups—those that are inclusive and those that are exclusive in that they confer benefits on individuals based on their membership in a particular protected category . Examples of the latter include scholarships, mentorship, and other similar programs that are available only to members of a certain protected class. In a profound shift, both types of DEI programs in the United States are being challenged. Employers find themselves at a crossroads: how to continue advancing principles of diversity and inclusion while navigating the heightened legal risk and compliance challenges arising out of this new legal environment. Legal Standard Federal employment discrimination law rests on a principle of individual equality. Title VII of the Civil Rights Act of 1964 prohibits employers from making employment decisions “becaus...