The Legal Issues Involved In Implementing A Metrics-Driven Diversity, Equity, And Inclusion Program

For many employers, diversity, equity, and inclusion ("DEI") programs are no longer mere "add-ons" to existing human resources initiatives-they are essential to conducting business in the current climate.  The events of summer 2020, including the incidents and protests involving George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, Elijah McClain, Jacob Blake, and others, have refocused attention on the racial and gender inequities present in our society today.  Many employers are doing their part to ensure that their workplaces are as diverse, equitable, and inclusive as possible.

Although there is no legal requirement to implement a DEI program, employers are doing so because the programs provide a clear example of their commitment to providing a diverse and inclusive work environment and firmly establish DEI as a strategic goal for the organization.  DEI programs are also useful to communicate defined action items in support of the company's DEI values.