Here’s the takeaway from this Client Update penned by Emily Bushaw and Elizabeth Gardner:
“The bulk of anti-DEI efforts is focused on state agencies and higher education institutions. However, private employers should take note of these efforts as well as broader attacks on ESG initiatives. To the extent that these state laws affect contracting with state agencies and higher education institutions, private employers should be aware of those effects.
In addition, increased politicization of these programs raises the risk that individuals may seek to bring claims against their employers should those individuals believe that employment decisions are the result of DEI efforts. Many strategic and effective DEI efforts remain on the right side of the legal line, but employers should review their current DEI programs to manage external risks.”