Diversity, Equity, and Inclusion Compliance

The phrase “diversity, equity and inclusion” (DEI) is a conceptual framework promoting the fair treatment and full participation of all people in the workplace. Equal employment opportunity remains the core of a compliant and ethical workplace culture, including an unﬂagging commitment to a workplace free of unlawful harassment, discrimination and retaliation.

Seismic shifts are occurring in the law and society related to employers’ inclusion programs. Legal authorities, enforcement eﬀorts and rhetoric surrounding DEI programs continue to evolve at a rapid pace and diﬀer greatly by jurisdiction and issue. Ogletree’s DEI Compliance team provides cutting edge legal advice and content to help organizations design and assess their unique, lawful inclusion practices while preparing for potential legal challenges.

Ogletree has long partnered with employers across all industries on their inclusion practices, including private companies, federal contractors, federal grant/money recipients, non-proﬁt organizations and higher education institutions. This includes global and multi-national companies with unique footprints and needs serviced by Ogletree’s Cross-Border Practice Group and deep bench of international employment attorneys. Ogletree proactively partners with employers to design, assess and implement lawful DEI, inclusion and equal opportunity programs. Now more than ever in this rapidly evolving legal landscape fraught with risk, all employers should strive to ensure their DEI strategies and programs fully comply with all applicable federal, state and local law, closely tethering all programs to meet employers’ business needs and deliverables.

Ogletree’s DEI Compliance attorneys stand with the employers we serve, ready to advise on the lawful approaches to the full spectrum of legally compliant DEI strategies and programs within an organization’s speciﬁc risk tolerance and needs. Our attorneys have extensive and unique experience not only advising employers on legal and compliance issues regarding DEI programs but also defending employers when DEI programs and practices are challenged under governing federal laws such as Title VII, Section 1981, and the Equal Protection Act and other related laws.

Ogletree’s DEI Compliance attorneys help employers with proactive solutions including:

Attorney-Client Privileged DEI Audits including: inventorying an organizations’ existing DEI programs and practices; assessing legal compliance under all applicable laws as they evolve, including both qualitative and quantitative assessments; and understanding and mitigating legal risk by providing advice on risk-reduction measures through risk- reduction audits analyzing current disputes and controversies, internal complaint processes, and lessons learned from employment claims.
Attorney-Client Privileged Assessments and Metric Analysis including: conducting diagnostic assessments of organizational culture, such as climate surveys, and comprehensive data analysis of employment practices across the entire life cycle of an employee (e.g., hiring, pay, promotions, and discharges).
Developing and Implementing Legally Compliant DEI Programs including: evaluating and designing compliant DEI programming, language, training, and oﬀerings such as employee resource groups and EEO training; drafting compliant policies and communications; and real-time counseling for clients on important legal issues under federal and state laws related to DEI programs, including best practices to prevent and defend legal claims and benchmarking.

The group brings together attorneys with extensive experience in DEI program implementation, Government Contracting & Reporting, 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 experience of Ogletree Deakins’ Learning Solutions to craft and deliver legally compliant training meeting clients’ needs.