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ARTICLE · 14 JULY 2021

American Companies Face Considerable Risks Implementing Their Diversity Plans Abroad

Seyfarth Shaw LLP
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For a variety of historical and social reasons, US law permits (and in some cases requires) employers to affirmatively track and provide opportunity to historically underrepresented groups in the workplace.

GlobalEmployment and HR

For a variety of historical and social reasons, US law permits (and in some cases requires) employers to affirmatively track and provide opportunity to historically underrepresented groups in the workplace. Companies are permitted to (and in some cases must) gather data from candidates and employees regarding their identification with a protected group, so long as they are sufficiently qualified for the position. And, provided an employer's actions do not discriminate in violation of US equal opportunity laws, US law allows for employers to increase opportunities for underrepresented employees.  

Setting aside any social, historical, and political considerations, laws that allow companies in the US to promote diversity, inclusion, and belonging programs often differ in material respect from international employment laws. 

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