Diversity, Equity, and Inclusion Counseling
Our attorneys have spent more than a dozen years counseling employers on diversity, equity, and inclusion issues. We’ve helped companies build and expand diversity, equity, and inclusion programs, and we evaluate their programs for compliance—particularly in the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions (SFFA) striking down race-conscious admissions programs.
Our team focuses on diversity, equity, and inclusion consulting and development with a sensitivity to important legal issues—including regulatory compliance, the interplay of equal employment opportunity and affirmative action laws, reverse discrimination risks, and the role of diversity, equity, and inclusion in potential discrimination litigation.
We are closely following developments related to the Supreme Court’s landmark affirmative action decision on college admissions. We have assisted numerous clients in conducting compliance audits of their diversity, equity, and inclusion programs and initiatives, given issues related to reverse discrimination, spanning workforce, procurement, and charitable and community aspects including foundations and incubators.
We’ve represented a broad range of clients: publicly traded companies, financial institutions, nonprofits, higher education institutions, and more.
Many of our clients feel that diversity, equity, and inclusion is more than "the right thing to do," and that it makes business sense as well. An effective diversity, equity, and inclusion program can help an organization connect with communities, penetrate and capture the U.S. multicultural markets, attract top talent, and drive innovation. For these reasons, organizations have embraced diversity, equity, and inclusion as a key business strategy. In addition, organizations appearing before regulatory agencies or state and local governments seeking approval for a transaction often find that having a robust diversity, equity, and inclusion program strengthens their position. In today’s legal climate, however, many organizations pursing diversity, equity, and inclusion initiatives want to ensure that their programs remain within legal boundaries.
- Advise numerous clients in connection with the U.S. Supreme Court’s decision in SFFA and its potential impact on corporate diversity, equity, and inclusion programs.
- Served as counsel to Comcast Corporation in connection with FCC approval of the NBCUniversal acquisition. In addition, we have been instrumental in helping Comcast NBCUniversal develop its award-winning corporate diversity, equity, and inclusion program; the company’s program is ranked among the top 20 companies in the nation by DiversityInc.
- Advised The Nasdaq Stock Market on the development and SEC approval of its listing rules regarding board diversity, which require companies to have at least two diverse directors or explain why they do not. We continue to provide legal advice during the defense of the rules on appeal.