Diversity, Equity, and Inclusion

Diversity, Equity, and Inclusion (DE&I) is front and center in the minds of many employers today due to its impact on workplace cohesion, legal compliance, market brand, business opportunities, and the ability to hire talent.

Companies of all sizes, educational institutions, and public agencies alike are grappling with complex issues involving how to create and manage a successful DE&I program, analyze important diversity metrics, and navigate the legal pitfalls surrounding employment law, public policy, and DE&I programs.

Our attorneys are ready to assist with the full spectrum of workplace DE&I-related issues. The members of Ogletree Deakins’ Diversity, Equity, and Inclusion Practice Group have extensive and unique experience assisting employers in the creation, implementation, and management of DE&I programs, including conducting thorough analyses of diversity data and identifying meaningful metrics and benchmarks. Our attorneys have also advised employers on legal and compliance issues regarding DE&I as well as defended employers when diversity practices are challenged. We also specialize in advising clients facing crisis situations involving serious and reputation-harming allegations of discrimination and harassment.

The practice group assists employers with the following:

Assessment, Metric Analysis, and Strategy

Diagnostic assessments of diversity performance, including climate surveys and organizational analyses
Comprehensive data analysis of employment practices, including hiring, pay, promotions, and discharges
Formulation of proactive strategies to enhance DE&I programs, performance, profile, and employee, vendor, and business relationships

Program Development and Implementation

Developing and implementing strategic plans with DE&I integration
Building DE&I systems and programming, including employee resource groups and supplier-vendor programs
Drafting related policies, communications, and materials
Creating processes for gathering feedback and diversity data
Guiding public relations, governmental, philanthropic, and community engagement

Legal Advice, Counseling, and Risk-Reduction Audits

Counseling clients on legal issues under federal and state laws related to DE&I programs, initiatives, and metrics, including best practices to prevent and defend claims
Evaluating and assessing DE&I programs for legal risks and providing advice on risk-reduction measures
Assisting with compliance regarding Section 342 of the Dodd-Frank Act and analyzing its interplay with EEO laws, OFCCP regulations, and affirmative action obligations
Conducting risk-reduction audits that analyze current disputes and controversies, internal complaint processes, and lessons learned from employment claims

Learning, Training, and Leadership Development

DE&I cannot be effective without proper learning and training, including leadership training. We offer customized training for your board, managers, and employees regarding key D&I topics. This training can be provided by our experienced attorneys and trainers, or we can create training programs for your organization’s internal use. We also offer one-on-one training.

Crisis Mitigation, Management, and Communications

DE&I issues have become a matter of company reputation and brand. Our attorneys advise clients facing brand-altering allegations involving discrimination, harassment, and diversity-related issues, and assist companies with crisis prevention, management, and mitigation.

Resources

Ogletree Deakins’ Diversity, Equity, and Inclusion Practice Group draws upon the vast resources present within one of the nation’s largest labor and employment–focused law firms. The group brings together experts in DE&I program implementation, affirmative action/OFCCP compliance, and pay equity to ensure clients are prepared to address the inherent challenges in building effective and legally compliant initiatives. The group also harnesses the expertise within Ogletree Deakins Learning Solutions to craft and deliver diversity-oriented training that meets clients’ needs.