Showing posts with label diversity. Show all posts
Showing posts with label diversity. Show all posts

Thursday, August 14, 2025

Are Company DEI Programs Going to Get Them Sued for Reverse Discrimination?

This past month, the Department of Justice issued guidance on Diversity, Equity, and Inclusion (DEI) for Funding Recipients, but every employer and employee (regardless of government funding) should take notice of this guidance because it explains a lot of acts that give rise to a reverse discrimination lawsuit and many employees now seem to have a good case. 

Federal law prohibits discrimination on the basis of protected characteristics like race, sex, and religion, and if you object to a policy you believe is discriminatory, you are legally protected from retaliation. The DOJ’s new guidance clarifies that all discrimination, including “reverse discrimination” is illegal, even when done with good intentions under a DEI label. 

This means that policies giving preferential treatment based on race or sex in hiring, promotions, or contracting are likely unlawful. Watch out for “diverse slate” mandates or quotas in hiring, as these are specifically called out by the DOJ as problematic. 

The government is also scrutinizing seemingly neutral terms like “cultural competence” when they are just used as a substitute for race. Notably, DEI training that segregates employees by race or promotes stereotypes can create a hostile environment and violate federal law. The main takeaway is clear: workplace policies must ensure equal opportunity for everyone, without exception, and calling a discriminatory policy DEI does not protect it from constituting actionable discrimination.


Friday, October 04, 2024

National Disability Employment Awareness Month - Are Your Accommodation Rights Being Violated?

On September 30, 2024, President Biden officially proclaimed October as National Disability Employment Awareness Month while promoting inclusive workplaces. 


This year's focus is advancing access and inclusion which aligns with the core principles of the Americans with Disabilities Act. The ADA eliminated the barriers individuals with disabilities faces, including employment. The ADA requires employers to provide reasonable accommodations and ensure that job opportunities are accessible to those with disabilities. This allows the over 61 million Americans living with a disability the opportunity to be included, participate, and be respected in the workforce.  


Remember, employers don't have a choice; if an accommodation is wrongfully denied, the employee can sue for back pay, front pay, emotional distress damages, punitive damages and attorneys' fees. 


If you'd like to read President Biden's proclamation, click here