Workplace Strategies Watercooler 2024: DEI Under Scrutiny—How the Affirmative Action Rulings Impact DEI Programs



In this podcast recorded at Ogletree Deakins’ national Workplace Strategies seminar, Nonnie Shivers (shareholder, Phoenix) and Scott Kelly (shareholder, Birmingham) discuss what the Supreme Court’s ruling that race-based college admissions are unconstitutional means for diversity, equity, and inclusion (DEI) efforts in the workplace. Scott and Nonnie discuss the legal framework for employers to consider when evaluating their voluntary DEI programming, including how to conduct a risk assessment of DEI programs, conflicting state laws, and questions specific to federal contractors. The speakers offer practical tips for designing and sustaining legally defensible DEI initiatives, including creative strategies to meet company goals without running afoul of the law.